Wednesday 22 February 2017

Ali Hamsa needs to clarify this appointment

I was checking on this story yesterday

Madinah is new Auditor-General


and not happy with what I found.


According to the story

Chief Secretary to the Government Tan Sri Dr Ali Hamsa said Madinah would take over from Tan Sri Ambrin Buang, who will retire on Feb 22.

Ali said Madinah’s appointment was in accordance with the Federal Constitution, and consented by the Yang di-Pertuan Agong upon the advice of the prime minister, after consulting the Conference of Rulers.

but

He said Madinah, 60, has a Bachelor's degree in Political Science from Universiti Sains Malaysia (USM), a Master's degree in Human Resource Development, and a Doctorate degree in Human Resource Management from Universiti Putra Malaysia (UPM)

It's quite clear that she's not a chartered accountant,

A friend who is more knowledgeable than me in these sorts of matters pointed to me that Section 22 and 23 of the Accountant Act 1967 (Revised 1972) stated,

22. No person shall unless he is registered as a chartered accountant under this Act and has his principal or only place of residence within Malaysia--
(a) practise or hold himself out as a chartered accountant, auditor, tax consultant, tax adviser or any other like description;
(b) adopt, use or exhibit the terms "chartered accountant", "auditor", "tax consultant", "tax adviser" or any other term of like description; or
(c) adopt, use or exhibit the term "accountant" or any other term of like description in such circumstances as to indicate or to be likely to lead persons to infer that he is a chartered accountant or that he is qualified by any written law to practise the profession of or is in practise as a chartered accountant:
Provided that nothing in this section shall operate to prevent an advocate or any person authorised under any other law for the time being in force in Malaysia from carrying on the work of a tax consultant or a tax adviser.

23. No person shall unless he is registered under this Act and has his principal or only place of residence within Malaysia-- 
(a) practise or hold himself out as a licensed accountant or an associate member;
(b) adopt, use or exhibit the terms "licensed accountant" or "an associate member"; or
(c) adopt, use or exhibit the term "accountant" or any other term of like description in such circumstances as to indicate or to be likely to lead persons to infer that he is a licensed accountant or an associate member.

And Section 26 of the same Act stated that

26. Any person contravening section 22 or 23 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year and on a second or subsequent conviction to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years.

So how?

Unless my friend got it wrong, this appointment is actually illegal.

And if it's wrong, we have to say that it is wrong.

Why can't they get a proper chartered accountant for the job?

The law seems clear that only a chartered accountant can be an auditor, and I believe that should cover the Auditor General post as well.

I think the Chief Secretary to the Government has to answer this.

The anti-Najib people are already making noises over this appointment.

I don't care what they say about Madinah being the wife of an Umno division chief and such, but a clarification is needed on the legality of the appointment.

So, I think Ali Hamsa needs to hurry up a bit with the explanation.

42 comments:

  1. Thank you Annie for the detailed account. Appreciate the effort. Your concerns appear valid. And as you say wrong is wrong no matter the player.

    Meanwhile I copy and paste this from Kelantan. PAS versus AMANAH.

    "We are confident that the people of Kelantan will give PAS the mandate to manage the state as it has shown credibility in running the government over 26 years.

    Rantau Panjang PAS commissioner and senior state executive councilor, Datuk Abdul Fatah Mahmood, said Husam was killing his own political career after joining Amanah

    "I cannot see Amanah going anywhere as it is a mere 12-month old breakaway party of PAS,” he said."

    Source:
    http://www.thestar.com.my/news/nation/2016/09/01/husam-on-amanah-taking-over/#JkvVtlpcJiFe75zo.99

    Three points I wish to highlight from the statement.

    1. PAS has been mandated and managed Kelantan credibily for the past 26 years. But this has happened with the professionals that have been sidelined and now are in AMANAH.

    2. Husham was killing his political career when he joined AMANAH. But I thought politics is to serve one's nation, not one's career. Huh. How naive of me.

    3. AMANAH is a 12-month old breakaway party. Well this truly support point no. 1.

    I am not an AMANAH member. But I wish that we open up our mind to serve the people.

    Let's look at some potentials from AMANAH here shall we. Pilih dan campur-campurlah. But biarlah yang berani menegakkan kebenaran dan ada cara dan usaha bagi meningkatkan kesejahteraan rakyat dan negara.

    https://amanah.org.my/

    ReplyDelete
    Replies
    1. Anonymous @ 22 February 2017 at 08:41,

      //But I wish that we open up our mind to serve the people.//

      But Malaysian politicians do that already.

      They define themselves as being one of "the people" so they make sure that they get the biggest servings for themselves first :)

      Gladiator

      Delete
    2. Dato Husam had the teloq to walk into a PAS ceramah that was slandering him.....

      .....and SIT ON THE STAGE.

      That is quite major teloq.

      Compare to MO! and the "Everything2Hide" forum, where the pink pondan ran all the way back home to hide in the hippo's giant kebaya.

      Who is more of a leader?

      Delete
    3. haha that was quite funny

      bugis thief running scared from 91 year old man

      and the bugis thief have NEVER answered any of the issues of 1MDB, SRC etc etc......

      eg

      "wei bangang, why are you using SRC credit card for personal shopping?"

      and many others......

      Delete

  2. Lia olang cekap Malaysia bolih maa aa ,apa-apa saja bolih maa aa .

    Ikut cekap manyak penting lor rr .

    ReplyDelete
    Replies
    1. Diolang punya bos itu kepala samseng maaa - nating tu haid!!!

      Delete
    2. itu penyamun pukis talok itu olang sana cuma untuk bikin kabber-ap, maaa.....

      .....lepas ini, itu felda, th etc semua 'halal' lipas ini unqualified oditor bikin kabberap.......

      ......jilake betui lorrr!

      Delete
    3. Jibby sure got nothing to hide anymore. He's one shameless sham of a man.......defiantly corrupt as hell. Sheesh!

      Delete
  3. "Ali said Madinah’s appointment was in accordance with the Federal Constitution, and consented by the Yang di-Pertuan Agong upon the advice of the prime minister, after consulting the Conference of Rulers".

    Najib couldn't care less about anyone not even the Agong or
    his Conference of Rulers...if he could he would put JLow as
    the Auditor General...and his party BN and cabinet would all
    support him. Macam lah Annie tak tahu siapa yang berkuasa buat
    sesuka hati mak bapak dia!

    ReplyDelete
  4. Annie,

    //The law seems clear that only a chartered accountant can be an auditor, and I believe that should cover the Auditor General post as well.//

    Hm, we have an Attorney-General who seems to know very little about justice, we have an Inspector-General of Police who does not act like a policeman, so what is so strange about an Auditor-General who knows nothing about auditing?

    Anyway, from what I have observed that Ambrin Buang fellow was a pain in the ass to "some people".

    Ambrin Buang was actually behaving like a real auditor by pointing out irregularities, abuse of power, leakages of funds within the system.

    I mean, as far as "some people" are concerned, what is wrong with that man?

    Why couldn't he just have shut-up and tutup satu mata and stop doing what he was "hired" to do? Tsk, tsk, tsk.

    Welcome to Malaysia - semua ada, semua bolih.

    Gladiator

    ReplyDelete
    Replies
    1. "Ambrin Buang was actually behaving like a real auditor by pointing out irregularities, abuse of power, leakages of funds within the system."

      And because of that, his 1MDB report kena OSA.

      We are a 4th world country and deeply corrupt, yet want to syok sendiri about being "Islamic".

      The irony.

      Delete
  5. This woman, like Pandi Babi and the Twitter King, is there purely to cover-up Umno songlap activities.

    And she has quite a dishonest face.

    The suami, tak payah cakap lah. Kaki bankrap who owes the pink pondan many favours.

    May as well make Kak Ijat the new Auditor-General.

    ReplyDelete
    Replies
    1. kak ijat pandai counting cows jer...

      ....or maybe not seeing as became CONDO!!!!

      Delete
  6. the kampung folks will say, who cares, as long as we have a malay at the top, besides we have the means to hire the most qualified to kerja untuk kita, kita hanya perlu orang suruhan untuk pm kita jalankan tugas dia dengan semporna

    ReplyDelete

  7. From 2009 as the country’s prime minister, Najib could be worth a staggering US$17 billion to US$35 billion. This is perhaps a very conservative figure considering the lavish spending of the “First Family”. But if the number of years in politics is a measurement, Najib’s wealth could be more than that.

    PM Najib Razak was already a MP in 1976 at the age of 23. While serving as Minister of Defence, his procurement of two French-made Scorpene submarines alone had netted him RM534.8 million in commission. His 1MDB project, which Switzerland’s Office of the Attorney General said was a “Ponzi Scheme”, has accumulated a cool RM50 billion of debt.

    It’s a public knowledge that ever since his political party UMNO lost the customary two-thirds majority, every UMNO warlord has been “aggressively”stealing from the national coffers as if they would lose power tomorrow. Hence, if Najib Razak is a public listed company, this stock can easily command at least 50% premium, pushing his fortune to between US$25 billion and US$52 billion.

    Again, there’s no way to accurately put price tags on dictators’ net worth simply because their ill-gotten wealth are very well hidden. People can only speculate and guess. Regardless, there’s little doubt that corrupt leaders in Southeast Asia like Suharto, Marcos and Najib are definitely multi-billionaires. All of them and Russia's Putin could easily make it to the Forbes world’s richest.

    ReplyDelete

  8. PETALING JAYA: The Center to Combat Corruption and Cronyism (C4) has questioned the decision to appoint Madinah Mohamad as auditor-general, highlighting her lack of auditing experience.

    C4 said the role of auditor-general must be filled by someone with the specific knowledge and capability, skills and practical experience in key areas related to auditing, accounting and financial management.

    Given this, the NGO said it was “baffled” by the choice of Madinah, who “clearly does not meet the above criteria and requirements”.

    “Madinah may have the qualifications suitable for other posts, but most glaringly she has no auditing experience.

    “What were the process and consideration taken by Prime Minister Najib Razak in recommending her appointment? We ask for an explanation in this regard,” C4 executive director Cynthia Gabriel said in a statement today.

    Madinah, who was secretary-general of the education ministry until she went on mandatory retirement from September last year, will take over from Ambrin Buang whose tenure as auditor-general expires today.

    ReplyDelete
    Replies
    1. We can only question but who are we to demand. Example. No institution in the country dare to arrest Jho Low. Amazingly powerful. Ketuanan jho low.

      Delete

  9. PKR menyifatkan kelayakan Tan Sri Dr Madinah Mohamad sebagai ketua audit negara baharu “tercalar” kerana kedudukan suaminya sebagai ahli politik.

    Naib Presiden PKR Nurul Izzah berkata, kenyataan suaminya Datuk Rizuan Abdul Hamid yang juga ketua Umno Bahagian Kepong “sanggup mati untuk (Datuk Seri) Najib (Razak)”, menimbulkan kebimbangan sama ada Madinah mampu menjalankan tugas dengan telus.

    Izzah yang juga ahli Parlimen Lembah Pantai berkata, pihaknya tidak mempersoalkan pilihan mana-mana pihak tetapi individu yang memegang jawatan itu perlu mempamerkan keberanian mendepani mana-mana kepimpinan termasuk Perdana Menteri Datuk Seri Najib Razak.

    “Isu kelayakan itu amat tercalar sekali dengan kaitan, keahlian suami beliau termasuk status beliau sendiri sebagai ahli parti politik.

    “Tapi tak mengapa, saya tidak mahu bercakap lanjut, tapi saya mohon rakyat agar menyuarakan kebimbangan dengan tegas kerana kita mahu sama taraf, sama layak, sama kredibiliti dan integritinya dengan Tan Sri Ambrin Buang,” katanya kepada pemberita di sini hari ini.

    Semalam, Ketua Setiausaha Negara Tan Sri Dr Ali Hamsa mengumumkan perlantikan Madinah sebagai ketua audit negara yang baharu untuk tempoh 2 tahun mulai 23 Feb ini.

    Beliau menggantikan Ambrin yang akan tamat tempoh perkhidmatannya hari ini.
    “Pada kami PKR, kita nyatakan dengan jelas ada beberapa kes terkini yang amat menjatuhkan maruah dan kredibiliti ketua audit negara…sekiranya mana-mana orang tidak mampu memegang kredibiliti sebagaimana Ambrin suatu ketika dahulu.

    “Saya pohon kerajaan sedia ada jagalah maruah negara, pastikan integriti sentiasa dipertahankan.

    ReplyDelete
    Replies
    1. Please remember, ya.

      Ali Hamsap is the guy who prevented Gani Patail from entering his office to get his charge sheets on 1MDB.

      That is one dirty mamak.

      Irwan Serigatal is another.

      Jibby loves these Indians almost as much as he loves the crooked Melayus keeping him in power.

      Delete

    2. "Saya pohon kerajaan sedia ada jagalah maruah negara"

      Itu maluah "maruah" apa macam cekap maa aa ?,Wa manyak tatak paham lea aa.

      Wa selalu lengar olang cekap, itu kalau telenjang ,itu macam tatak maluah lor rr.

      Atak olang telenjang kaa aa , hai yaa !.

      Delete
    3. Maruah went to the dog long time ago. Sad state.

      Delete
  10. The one highlighted in your writing is auditors in the context under companies act. The appointment of Ketua Audit Negara is defined under the Fed Cons. So, legally, nothing wrong with the apointment of the new KAN. (Unless you are so stupid and lazy to cross check with all your source)

    Excerpt from Federal Constitution

    Ketua Audit Negara

    105. (1) Maka hendaklah ada seorang Ketua Audit Negara, yang
    hendaklah dilantik oleh Yang di-Pertuan Agong atas nasihat
    Perdana Menteri dan selepas berunding dengan Majlis Raja-Raja.

    (2) Seseorang yang telah memegang jawatan Ketua Audit
    Negara layak dilantik semula tetapi tidaklah layak dilantik bagi
    apa-apa pelantikan lain dalam perkhidmatan Persekutuan atau
    bagi apa-apa pelantikan dalam perkhidmatan sesuatu Negeri.

    (3) Ketua Audit Negara boleh pada bila-bila masa meletakkan
    jawatannya tetapi tidaklah boleh dipecat daripada jawatan kecuali atas alasan dan mengikut cara yang sama seperti seorang hakim Mahkamah Persekutuan.

    (4) Parlimen hendaklah melalui undang-undang membuat
    peruntukan bagi saraan Ketua Audit Negara, dan saraan yang
    diperuntukkan sedemikian hendaklah dipertanggungkan pada
    Kumpulan Wang Disatukan.

    (5) Saraan dan terma lain jawatan (termasuk hak pencen) bagi
    Ketua Audit Negara tidaklah boleh, selepas pelantikannya,
    diubah menjadi kurang baik baginya.

    (6) Tertakluk kepada peruntukan Perkara ini, terma
    dan syarat perkhidmatan Ketua Audit Negara hendaklah
    ditentukan melalui undang-undang persekutuan dan, tertakluk
    kepada peruntukan undang-undang persekutuan, oleh
    Yang di-Pertuan Agong.

    ReplyDelete
    Replies
    1. No, it's not a legality.

      Just common sense.

      Would you hire a driving instructor who has never driven a car before?

      Compare Ambrin and this woman in background.

      Ambrin = Econs grad, trade & industry technical side for 20 plus years, vast experience in complex finance.

      Makcik Kelentong = KBU Kepong punya bini, won't drop Bugis crook in deep shit, OK jalanlah.

      Delete
    2. Note at,
      (6) Tertakluk kepada peruntukan Perkara ini, terma
      dan syarat perkhidmatan Ketua Audit Negara hendaklah
      ditentukan melalui undang-undang persekutuan dan, tertakluk
      kepada peruntukan undang-undang persekutuan, oleh
      Yang di-Pertuan Agong.

      I understand it as the Auditor General's terms of services must be as per Federal laws, and in this context the law should be the Accountant Act 1967.

      Delete
    3. Anon 18.18, I'm not interested on your politics, common sense or bugis or what not. To me. oppo supporter are just plain idiot. Just go and kiss your political master.

      Annie, i dont think the context of law is acountant act because the acountant act is more related to the companies act. What ever it is, i'm not a lawyer but will do the checking with friends who expert in law and Fed Con.

      But currently, I was in the opinion that, If the appointment was against the Accountant Act, then BAR council will scream like hell and also the MIA (Malaysia Institute of Accountant).

      Delete
    4. "Just go and kiss your political master."

      Go kiss yours.

      You're obviously a bigger idiot, as you have not rebutted the point that this woman is completely unqualified.

      Common sense is still relevant.

      Of course, you are of the opinion that the Attorney General Pandi is also a superb choice, kan?

      LOL....

      Delete

    5. @ Anonymous22 February 2017 at 18:58

      You seem to have missed the point completely.

      It's about competence for a task, ya.

      This is the resume of Ambrin's immediate predecessor:

      "Tan Sri Datuk Dr. Hadenan Bin Abdul Jalil, Ph.D., PNBS, PSM, SIMP, JMN, DMSM, KMN, AMN served as Deputy Secretary of Finance Division at Ministry of Finance from 1986 to 1991. From 1984 to 1986, Tan Sri Datuk Dr. Bin Abdul Jalil served as a Deputy Secretary of Economic Division at Ministry of Finance. From 1975 to 1979, he served as a Principal Assistant Secretary of Tax Division at Ministry of Finance. From 1970 to 1973, he served as an Assistant Secretary of Budget Division at Ministry of Finance. He served as Secretary of Finance Division at Ministry of Finance from 1991 to 1998; Deputy Secretary General (Trade) of MITI from 1998 to 1999. He served as Secretary General of Ministry of Works from 1999 to 2000 and also served as Auditor General of National Audit Department from 2000 to 2006. He served with the Government for 36 years in various capacities in the Treasury, the Ministry of International Trade and Industry and the Ministry of Works. He serves as Member of Audit Committee of Johor Corporation. He serves as the Chairman of the Operations Review Panel of the Malaysian Anti-Corruption Commission. He has been a Director of Protasco Bhd since April 28, 2010. He has been an Independent Non-Executive Director of Maybank Islamic Berhad since January 28, 2010. He served as Chairman and Director of Syarikat Takaful Malaysia Bhd from October 1, 2006 to July 16, 2009. He served as President Commissioner and Commissioner of PT Bank MNC Internasional Tbk. He served as Chairman and Director of ICB Islamic Bank Ltd until june 21, 2014. He served as an Independent & Non-Executive Director of I&P Group Sdn. Berhad (formerly Island & Peninsular Bhd) since September 1, 2006. He served as an Independent Non-Executive Director of Malayan Banking Berhad since July 15, 2009 until April 7, 2016 and served as its Senior Independent Director until April 7, 2016. Tan Sri Datuk Dr. Bin Abdul Jalil received his tertiary education from the University of Malaya in 1970 and graduated with a Bachelor of Economics (Honours). He later obtained a Master in Business Management from the Asian Institute of Management, Philippines in 1975. In 1986, he obtained a Doctor of Philosophy from Henley Management College, United Kingdom."

      If this os too deep for your obviously limited intellect, try this:

      Would you appoint a carpenter to do surgery?

      Faham tak?

      Delete
    6. Anonymous22 February 2017 at 19:48,

      "Of course, you are of the opinion that the Attorney General Pandi is also a superb choice, kan?"

      That man is perfect example of how Najib packs unethical boot-lickers into very position.

      (See the KBU and MTU for details).



      Delete
    7. The 2 funniest things.......

      KJ wants forex enquiry......his own 100 million KBS losses not settled.......

      Anus Musa wants forex enquiry......his own MARA losses and Kelantan FA scandal not settled.......

      Kepala hotak engko all, KJ & Annuar

      Delete
    8. GST save our country. If that is the case I also can be PM. See here no qualification or ability needed. Our country is going to the dog. Ooops sorry. Its actually already by the dog's mouth.

      Delete

  11. MASYUK LA KO, O PAS O PAS.......

    "Kuala Nerus MP Datuk Dr Khairuddin Aman Razali has defended his decision to purchase an Audi Q7 for his wife, which costs half a million ringgit new, saying he has every right to do so.

    Khairuddin, who is PAS Dewan Ulama information chief, said the issue had been blown out of proportion to distract attention from the proposed Syariah amendments the Islamist party is currently pushing for.

    "This is a petty issue. I have a right to buy anything I want. I could even buy a lorry or a plane, it is none of their business," he told The Star Online.

    Khairuddin also chided "socialist groups who liked to pick on the matter".

    "I bought the car using legitimate sources and I could afford it," he said.

    The social media was abuzz recently when Facebook user Datin Norhayati Abd Malek, believed to be Khairuddin's wife, posted a photo of an Audi Q7, saying that it was a "gift" from her husband."

    Kenapa tiba2 ada Porsche, Audi mewah nih?

    SR bila nak saman O?

    ReplyDelete
    Replies
    1. They have not even sued Husam!

      Delete
    2. hello 18:20, you know why?

      PAS becoming Umno Part 2.......

      Delete
  12. http://www.jpapencen.gov.my/CAT289562/Published/perkara105-Ma.Html
    This is taken from our Constitution on the Auditor General @Ketua Audit Negara.There is no mention about Ketua Audit Negara must be a Chartered Accountant.

    I am attached with a public university. At my university we undergo all sorts of audit such as 'academic audit',As far as I know the so-called auditors have no ACCA or any equivalent qualification

    Prof Kangkung

    ReplyDelete
    Replies
    1. U are really a prof moron kangkung. U are comparing ur university with nation. Anyway u are not only attached to university, u are also attached to the drain where u grow kankung.

      Delete
  13. Why care about the qualifications when the audit report can be under OSA, she just hv to say "we hv done our work and the report is under OSA" case closed kahkahkah

    ReplyDelete
    Replies
    1. Nothing is secret nowadays. Even the cctv recording of the whatever Nam killing has become an open secret

      Prof Kangkung

      Delete
    2. Yeap even price of kangkung went down was announced by jibby. Useless kangkung, fit u right

      Delete
  14. This from Zaid Ibrahim may help.

    http://www.zaid.my/current/new-auditor-general/

    "I am attached with a public university. At my university we undergo all sorts of audit such as 'academic audit',As far as I know the so-called auditors have no ACCA or any equivalent qualification"

    The university audit is Quality Audit. Audit to check Compliance of Process against the Documentation of that Process. Even so its completion is by certified quality auditor. Not just anyone.

    ReplyDelete
  15. Zaid Ibrahim said:

    "The Constitution and the Audit Act 1957 put an onerous burden on the Auditor-General. It’s not just about auditing financial statements and carrying out a performance audit. The Constitution requires the Auditor-General to carry out a compliance audit as well, which requires the Auditor-General to ensure the activities of departments and Ministries comply with our laws and regulations. The Auditor-General is also duty-bound to inform members of Parliament if the Government is doing its job properly. That’s why the Auditor-General’s Report is tabled (although not debated) in Parliament."

    I am pretty sure Zaid knows what he's saying.

    ReplyDelete
  16. Next Bandit Nasional kangkung will appoint 'penyamun-penyamun' to guard the national treasury...sheikh jho low & its 1mdb crooks will be the most delirious!!! Sigh

    ReplyDelete
    Replies
    1. Our goverment did all the malaysia boleh things where no other country would do. What the fuck is happening. This is like playing in kampung while we were kids simply appoint each other to any position we want. Wow amazing. God cant even save us now. Sigh

      Delete