Thursday, 29 August 2013

Racist Malaysia? - We Don't Want African Tenants

Why would anyone blame people from a whole nation or continent for his/her miserable life? Understandably, the demographics have changed since Malaysia started accepting foreign students, but these groups of people are not legally allowed to benefit economically from their host country. The relationship as most Malaysians want it is mutual and on a business level. Pay your schools fees, pay your rent and utilities, patronize local businesses, swallow whatever new regulation is conceived overnight and forced down your throat and go back to your country.

Whether African or Nigerian, students in general can’t and don’t vote during election, neither are they allowed to work or engage in any kind of business activity no matter how little. Then what really is the problem? Constituting public nuisance cannot be the catalyst to this ridiculous declaration. Drug peddling cuts across racial and ethnic lines, snatch theft is almost exclusive to Malaysians, House break-in (burglary) is exclusively Malaysian and Indonesian, fraud and scamming also cut across racial and ethnic lines. So, trying to blame Africans for the problems being faced by sections of the Malaysian community is unfair.

How many of these party animals have been arrested or prosecuted for their anti-social behaviors?
Definition of Public Nuisance by Malaysian court.
case: Attorney-General v PYA Quaries Ltd
-" public nuisance arises when an act materially affects the reasonable comfort & convenience the life of a class of the society".
other case: Majlis Perbandaran Pulau Pinang v Boey Siew Than & Ors
section 8(1) of Government Proceeding Act 1956 also provides that the A-G, or two or more persons who have obtained written permission from the A-G, may institute a suit in public nuisance for a declaration & injunction or for such other relief as may be appropriate to the circumstances of the case. In Koperasi Pasaraya Malaysia Bd v Uda Holdings Sdn Bhd, it was held that in action for public nuisance, consent must be first obtained from the A-G. Related case : Majlis Perbandaran Pulau Pinang v Boey Siew Than.

Legislation against public nuisance might not be comprehensive enough to enable distressed residents call the Police (PDRM) on noise makers to get their situation dealt with on the spot, but Malaysians are good in reporting suspicious activities and relevant authorities act fast especially when it involves foreigners. So, why do they find it difficult to deal with noise makers? They reason behind this declaration goes beyond constituting public nuisance, its pure, blatant racism. Like one of the interviewed resident insinuated, Africans make a lot of noise, they are involved in drug peddling, scamming and she can tell by just seeing them.

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