Thursday, March 22, 2007

No man is above the law?

How could Amateur Swimming Union of Malaysia (ASUM) sign a binding contract involving minors (children less than 21 18 year-old) without the consent of their parents?

This is what Amy Wong, the mother of Daniel Bego 17, objection when she withdraw Daniel from the World Aquatics Championship to be held in Melbourne.

Apparently, Malaysian officials do things which need not comply to the rule of law. Often we read of these behaviors of Malaysian officials and political masters who behave as if they are above the law and have the discretion to do as they pleases. Is it because of precedence set by our political masters? Have Malaysia now reverted to the feudal system where the warlords have the full power to make law based solely on their arbitrary desires and opinion?

ASUM is not the only sports association that had acted ultra vires the law of contracts. Even UMNO had used their dominant power and absolute position to do and say things beyond the rule of law and so far, the law had not had the ability to take any form of action against them. Investigative papers of corruption by Rafidah Aziz (was posted on the web which showed a statement by the A-G who had directed the indictment and subsequently, the case was closed by Mahathir himself), Close-One-Eye MP, the recent seditious speech made by the few UMNO leaders during the UMNO GA, the complaint against ACA D-G (under investigation now), the deputy IS Minister (under interrogation now), investigation against Nazri for corruption (Mahathir claimed that he had asked the ACA to indict him but declared no case by the new regime), etc.

7 comments:

Anonymous said...

correct me if I'm wrong but isn't the legal act for a legally binding consent in contract in malaysia 18? Example would be Penang's Starwalk where once you attain the age of 18, you do not need your parent's consent to participate. Age of an adult is defined differently in differently context as an employee is defined differently for different acts(eg: EPF Act and Employment Act).

Please provide me with an authority on the age limit for legal consent for contract in Malaysia being 21.

Anonymous said...

Bolehland soon to have another name; Cowboyland!

Maybe, all the administrators were too busy reading blogs. Got no time to understand rules and regulations ;)

Anonymous said...

ACT 21
AGE OF MAJORITY ACT 1971

Section 2. Age of majority.


Subject to the provisions of section 4, the minority of all males and females shall cease and determine within Malaysia at the age of eighteen years and every such male and female attaining that age shall be of the age of majority.

Please note that the age of Majority in Malaysia is 18 as mentioned by the 1st post and not 21. The age of 21 is for eligibility as an elector under:

FEDERAL CONSTITUTION

PART VIII - ELECTIONS

Article 119. Qualifications of electors.

(1) Every citizen who—

(a) has attained the age of twenty-one years on the qualifying date;

Anonymous said...

ACT 136
CONTRACTS ACT 1950 (REVISED - 1974)

Section 11. Who are competent to contract.


Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

Sorry, I forgot to add this as it would be relevant to the post above.

Anonymous said...

Anyway it is irrelevant to the news extract as the guy is 17. Didn't see that as I was reading the post instead of image. Sorry about that.

Maverick SM said...

Dear Anonymous,

Read "Age of Majority Act 1971 (ACT21) & Guardianship of Infants Act 1961 (ACT 351).

Section 2 states that age of minority shall cease and determine at the age of 18 years.

You are right!

zewt said...

i really hope they dont screw up with rexy.