LAW034 Maria Mercedes Fernandez is a well-known and respected investigative journalist in the State of Papaya: Introduction To Legal Theories Assignment, UiTM, Malaysia

School

Universiti Teknologi MARA (UiTM)

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Assignment Type

Individual Assignment

Subject

LAW034: Introduction to Legal Theories

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Date

12/10/2023

QUESTION 2:
Maria Mercedes Fernandez is a well-known and respected investigative journalist in the State of Papaya. She already accumulated various accolades and recognition from national and international journalism organizations which seem impressed with the boldness in her writing that has touched various human rights issues for almost 30 years of service.

It has been hinted in the international journalist community that this year’s 2023 Pulitzer Prize award might go in her favor as long her latest writing smashes this year’s favorite candidate from the New York Times, Mr. Ian Fleming Lemming. However, Maria’s latest piece since last May only generated a mild response covering local sanitation issues in the Papaya urban community. The state of Papaya with a population of 20.3 million population is a small nation that depends on agriculture and tourism, however, the state policy acknowledges preferential treatment towards the majority of Min people who have become semi dependant from the government since Papaya independent from European Colonisation in late 1950.

These treatment includes quota in higher education facility entry, business permit and government position. Min people although become visible in certain sector, still depend on various government subsidies and monetary injection especially in rural and far stretch remote area.

On August 10 2023, The Prime Minister of Papaya, Mr. Allen Melon Mayon have reported for the second quarter alone till June 2023. Government spending on rural communities’ subsidies have increased to 10 billion USD from previous year 1.5 billion spending and since Covid 19 recovery plan is still ineffective another boost of injection might be needed and table in the parliament in order to resolve the dire need of rural area. This reporting coincidently made just two week after Prime Minister Allen controversial decision to terminate the new MRT project in Papaya capital that have
been planned for almost 10 years and only need final greenlight to begin the ground breaking work.

Maria sense her opportunities to cover this stories and begin pulling her sources from the Minister, Non-governmental agencies and various affected parties. She finally completed her writing tittle “The Saga of preferential treatment: Unlocking the myth of prejudice”. Maria editor in Chief Mr. Roman Romano Rollo shocked with the content that blatantly attacking the motive of Papaya government in their action of preferential treatment is only a ruse to gain political leverage and the government is willing to sacrifice urban communities convenience for the benefit of Min people.

Maria insist in publishing the article, realising this piece will ultimately gain the
necessary recognition and possibly Pulitzer price. Once the paper published, there is strong respond from the government and Min people through their representative felt that their privilege is questioned. Subsequently Maria is arrested and charged in the High Court for defamation against the government. She was found responsible and ordered to pay 10 million USD in award to the government. Through the advice of her lawyer Maria file an appeal to the Appeal Court.
Discuss the above situation from the perspective of equality and freedom.
*Appellant : Maria
* Respondent : Government of Papaya

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QUESTION 3:
Jumbo is the Head of Enforcement Unit at one of the City Councils in Mamaland State. Last March, he was instructed by his superior to evict the squatters at the Taman Enjoy. Fully aware that Hari Raya was only a week time and 70% of the squatters were Muslims, he had asked for the eviction process to be postponed. To his dismay, his superior declined and ordered for the eviction process to be carried as scheduled.

According to his superior, the six (6) months eviction notice had already expired. Jumbo reluctantly followed his superior’s instruction. Armed with 50 enforcement officers and 2 bulldozers, Jumbo and his team arrived at the squatters’ settlement around 9 a.m. To their surprise, the squatters were all prepared to resist the eviction proceeding. They formed a human barricade with women and children were placed at the frontline, holding banners, chanting a loud protest against Jumbo and his team.

Jumbo appealed to the squatters to give up their protests and to cooperate with him. However, the squatters refused to back off. Instead, they appealed for three months extension as the previous notice was too short to enable them to find a new place to live. They also told Jumbo that some of their children were scheduled to sit for their examinations in one month time. One woman told that she is a single mother with six children between 8 days to 12 years old and she also supported her elderly mother who was staying with her.

Jumbo, who received strict instruction by his superior to evict the squatters within 24 hours had no choice but to proceed with the eviction process by demolishing all houses in the squatter’s settlement. As the demolition process took place, several children were seen crying and sobbing as their textbooks and school uniforms were crushed by the heavy machineries. Several women fainted due to enormous shock upon seeing their houses went flat in mere seconds. As some of them began to react aggressively, they were sprayed with water cannon and tear-gas causing them to vomit and suffered sore eyes.

From the above situation discuss the situations from the perspective of morality and freedom.
* Plaintiff : Squatters of Taman Enjoy
* Defendant : City Council of Mamaland State

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