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Thursday, February 8, 2024

Will suing Jeyakumar restore trust in Perak GLC?

“Apart from the six farmers whose farmlands were flattened on Oct 24 and 25, there are 200 others in Tambun at risk of being evicted because their land has been alienated to developers or government-linked companies.” - PSM chairperson Dr Michael Jeyakumar Devaraj.

In Perak State Development Corporation’s (PKNP) statement of claim against PSM chairperson Dr Michael Jeyakumar Devaraj and the party, alleging that they defamed PKNP, there is an extremely strange component as reported in the press:

“The plaintiff, who noted that it takes pride in its socio-economic development, claimed that it has received public backlash, as well as lost the trust of its employees which impacted employee morale, and lost its competitive edge and advantage over other corporations in Perak.”

How on earth could the statements made by Jeyakumar (above) make the employees of PKNP lose trust in their employer?

I would assume that the employees of PKNP were well aware or should have been made aware of the legality of their work, were informed that the actions of PKNP when it came to this situation conformed with the law and that the allegations made by Jeyakumar were erroneous.

I would assume that whatever mechanism was involved in relaying this information was trusted by the employees of PKNP.

Honestly, what Jeyakumar said was that PKNP was not conforming to the law and if your employees believe this over the company line, this says more of the company than what the outsider said of the company.

As far as employee morale is concerned, surely the press reports of how the farmers were treated, how PSM activists were detained, and the way state-owned companies supposedly belonging to the rakyat treat the rakyat, could cause a loss of morale or maybe not.

But again, if the company was carrying out rakyat-friendly initiatives then the morale of the employees would not be jeopardised.

Indeed if you were to do an open source check on PKNP you would find many press reports of how the company is building strategic partnerships on an international level and how development money is coming to Perak through their efforts.

On the face of it, this is a good thing (of course, seeing as how state-owned corporate entities are run, we should not be too excited), hence we should not have a Manichean view when it comes to PKNP or their reputation.

Keep in mind, that I am not saying any of this gives Jeyakumar and PSM the right to defame anyone or any company. I am just marvelling at the fact that taxpayers’ money is being used to sue a political operative and a political organisation which has a history of standing up for the rights of the disenfranchised.

Counterproductive to sue

In this specific case, the issue of food security is an important factor and should be a matter of public concern.

Hence, suing a political personality and a political party with a history of putting such issues in the mainstream media seems counterproductive.

Here is the thing about activists like PSM and Jeyakumar. They want to engage with the bureaucracy and corporate interests. They want to negotiate with the state-owned interests or corporate groups.

Why? Because this is the only way they can because they do not have the leverage or the clout compromised mainstream political parties have.

All of this is not new. PSM has been doing this for some time now. Referring to the words of the retired PSM chief Mohd Nasir Hashim - “I was the chairperson of the Support Committee of Urban Pioneers. At that time we had more than 50 villagers in our committee. They were mostly Malays, except for one estate.

“We did not allow the authorities and developers to label them as squatters, for squatters have no rights in court. So we called them urban pioneers because for three generations they developed the land with a promise of permanent housing.

“We created havoc and since then, they have been given compensation and alternate housing.”

Game plan

And what is the game plan here? Let us say that PKNP wins this defamation case and is awarded a huge settlement. What Jeyakumar and PSM would do is rely on crowdfunding to help pay for their losses in court and I have no doubt the public would contribute to whatever fund that helps alleviate the burden on Jeyakumar and PSM.

How do you think this would affect the trust the rakyat would have in PKNP? Here we have a state-owned company suing for defamation and the rakyat are willing to contribute their money as an act of support against the state-owned company funded by their tax ringgit?

If you thought employee morale was low because of what Jeyakumar said, imagine how it would be, when the rakyat contributes to a fund as a middle finger to your employer.

How would it look to prospective international partners that a state-owned agency sues a well-known activist and political party, and wins but the rebuke to the state-owned company comes in the form of damages paid by crowdfunding?

And really, if PSM and Jeyakumar are compelled to apologise, it would be even worse. Not only would it be a sincere apology emphasising the fact that their rhetoric was used in service of the plight of the disenfranchised, but it would also highlight why the farmers are still at the mercy of the state and the inequalities of legal remedies when it comes to issues such as these.

No doubt, what would also be highlighted is the power imbalance between the disenfranchised and state-owned corporate entities. Jeyakumar and PSM may not get the votes but they get the trust of the rakyat.

This government and its tributaries have a knack for ruffling the feathers of rational-minded people. This is just another opportunity for the powers that be to demonstrate that even when they win, they lose.

This does not sound like a feasible strategy to restore one’s reputation. - Mkini


S THAYAPARAN is Commander (Rtd) of the Royal Malaysian Navy. Fīat jūstitia ruat cælum - “Let justice be done though the heavens fall.”

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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