Imagine a Malaysia without Fear and Political Thuggery


August 29, 2012

Imagine a Malaysia without Fear and Political Thuggery

by Josh Hong (08-24-12)@www.malaysiakini.com

Malays under attack; Islam under siege; mass deception of the Opposition.

Indeed, if one cares to read Utusan Malaysia or Berita Harian, or is so much at a loose end as to tune into RTM TV1 or UMNO-controlled TV3, one would be forgiven for thinking that Malaysia has never left Dr Mahathir Mohamad’s glory days.

And Mahathir seems so full of certitude that his excessively long tenure has done more good than bad for the country, conveniently overlooking the culture of fear and political thuggery that he had employed to keep himself in power.

Let’s consider Mahathir’s legacies: bloated bureaucracy, rising costs of living, overpriced and under-performing ‘national’ cars, chronic budget deficits, rampant corruption, brutal Police force, emasculated press, gutless judiciary, spineless government backbenchers, greedy ministers, his filthy rich sons and cronies… the list goes on.

I am pretty certain Malaysians who have survived his horrible regime of the 1980s through to 2003 can add much more.So, still better the devil you know?

To be frank, I have my strong reservations about the Opposition alliance. While the frogging season has started again in Sabah, I remain acutely aware Anwar Ibrahim was responsible for bringing UMNO into the Land Below the Wind in the early 1990s and altered radically the political landscape there.

Had this not happened, the Kadazan Dusun community would not have been as politically marginalised as it is today. Yes, blame not only Mahathir, but Anwar and Pairin Kitingan also, the latter eventually succumbing to the allure of power and abandoning the very people that he claimed to represent.

Moreover, Malaysian politics is largely driven by personalities. As far as Barisan Nasional is concerned, whatever promises of reform touted hinge very much on Najib Abdul Razak, with most of his cabinet colleagues – especially those from Umno – showing only lukewarm support.True to his opportunistic character, Najib simply steps back whenever the stakes are high.

The same is true of Pakatan Rakyat, as all hopes of its supporters are pinned on Anwar, Lim Guan Eng and Hadi Awang. We need to put more pressure on the Opposition parties to integrate their reform agenda into a broader framework of deliberation, contestation and accountability, and base it on firm and concrete political institutions. Rhetoric alone will never do the trick.

Inferior taxis

But there is no denying that the March 2008 general election has provided a golden opportunity for Malaysians to break the political mould set by UMNO since 1957. For the first time in more than four decades, Malaysians rediscovered the courage to dream dreams and to imagine a Malaysia without the omnipotent UMNO.

More crucially, we have been seeing great awakening even among Mahathir’s own constituents, as more and more Malays begin to question why we must pay more for cars that can be produced more cost-effectively, and why the government must continue to make the rakyat foot the bill for an illusive car industry that is anything but efficient.

Just visit Jakarta, Bangkok and Taipei, and one can immediately see the difference in the taxi service in these Asian cities: cars are often in good condition, clean and comfortable, while drivers are generally friendly and professional.

Yet most of the taxis plying the roads in KL are substandard Proton Iswara that are old and smelly, complete with a clanking noise all because the national car project has grown into a chimera that is too expensive to maintain but hard to get rid of.

Be that as it may, we must complete the new political process that was put in place by accident since 2008, cognisant also of the fact that the transition phase of democratisation is invariably fraught with pitfalls and entails great uncertainties, as Indonesia had experienced since the fall of the Suharto regime in 1998.

However, it is a painful process that a semi-authoritarian country such as Malaysia must partake in so that we can one day be proud to say our political contestation is one that is rooted in fairness and transparency.

Creating a democratic consolidation

In other words, democratic consolidation cannot be attained without political transition. Those like Mahathir and Lee Kuan Yew may want to think they have ensured a ‘democratic process’ by having regular elections, but what both Malaysia and Singapore actually have is nothing but procedural democracy, all for the purpose of window dressing.

The opposite of this is democratic consolidation that contains substantive elements, including guarantees of basic civil rights, democratic accountability and responsiveness, civilian control over the military, neutrality of the Police force, independence of the judiciary, impartiality of the media, democratic and constitutional checks on executive authority, and punishment of human rights abuses.

As Larry Diamond of the Stanford University argues, democratic consolidation only comes about when “political competition becomes fairer, freer, more vigorous and executive; participation and representation broader, more autonomous, and inclusive; civil liberties more comprehensively and rigorously protected; accountability more systematic and transparent”.

In the context of Malaysia, it means we are duty-bound to normalise our political process, in that everyone is equal before the law and no-one’s loyalty to the country or the community (religious, ethnic or else) should be questioned when he or she seeks to challenge the powers-that-be. For all this to happen, one must first remove the biggest obstacle, UMNO that is.

The expansion of democracy no doubt scares people like Mahathir et.al, who have everything to lose should it come to pass, even ending up in jail. But Mahathir is only the least of my concerns here.

I am more excited to see the day when transition of power happens on a regular basis while the politicians from both sides of the political divide can no longer hold themselves above the law.

We would not be regarded too kindly by the future generations should we choose to reverse a meaningful journey just because we are too timid to overcome transient pains.

17 thoughts on “Imagine a Malaysia without Fear and Political Thuggery

  1. I am not sure whether the poor kampong people,the dayak in the long house or the Kadazan and other natives understand why we need to change the government?

    Normally these people will vote whoever can give them money,BN always has the upperhand, especially in Sabah and Serawak.

  2. “Yet most of the taxis plying the roads in KL are substandard Proton Iswara that are old and smelly, complete with a clanking noise … ”

    Are you serious?? The last time I travelled in one, the tires came off, the exhaust pipe broke in two, the power steering jammed and the doors would not close. My wife was taken for a ride by a cab driver in white skull cap and salt and pepper beard who kept looking at her in the rear view mirror.

  3. No body is above the law, but in Malaysia, the law is what the powerful and well connected say it is. Our judges are now making history on statutory rape and incest. Wait until their loved ones are victims. Perhaps, they will rethink about this travesty of justice.–Din Merican

  4. This is the first time I read of justices on a Court of Appeal anywhere making new law by its decision and then saying that the case that makes the new law shall be limited to its own unique facts. What is so unique about the case of an 18 year old adult who had sex with a minor who consented to it. The law is passed for just such a case i.e. to protect minors from themselves.

  5. Now it looks like Malaysians with young daughters will have to protect themselves from a justice system gone wild !!

  6. Bean, take the law in your hands, reintroduce the chastity belt, this time with spring loaded blades to cut off the intruder pecker. Apart from the bowler, there’s a second case where the rapist of a 12 year old girl also got off free, again compliments of the Appeal Courts. Malaysia is now becoming a peadophile haven, just claim consensual and no coercion. Another project BN government, Malaysia my second home for child rapist. 1Malaysia, Merdeka.

  7. Those poor rich guys in Singapore, including grandson of some Shaw Brothers fella, doesn’t have as bright a future as our national bowler. They all got jail time plus heavy fines for having paid sex with an underage prostitute – definitely consensual, I am sure – they should send their lawyers across the causeway to learn a trick or two in mitigating their sentences…

  8. No Bean, Najib and his number 1 mantra wants Malaysia to be number 1 beating Thailand, Cambodia and all other sex spots for sex with underage children. I can’t even imagine Judges ignoring the Statutory Rape laws and using the excuse “the guy has a bright future” and the girls consented and no coercion occured. Might as well throw out the Statutory Rape Law from the Penal Code or better rename it the Penile Code.

  9. Yes, Semper. It is a total disgrace and like I said earlier an example of a justice system gone wild.

    The so-called learned justices of the honorable Court of Appeal (which is the final court of last resort in this case) should be called up by their alma mater to explain what law they use in arriving at such a perverse decision. And if they can’t then they should be struck off the rolls.

    Can someone do a research on their alma mater and the law school involved. Their identites should be disclosed to the public at the minimum and not just their names. When Pakatan takes over the three BN stooges should be stripped off their authority and removed from the Bench. The only bench they are fit to sit on is the bench in the park.

  10. What adds insult to injury is the attempt to rationalize it away by pointing to the facts of the case and trying to isolate the case so it may not become a precedent for other judges to follow. Usually this is done within the context of another case that comes before the court for a decision. Clearly it is bad law and other judges may choose not to follow. But this is an attempt to rationalize what cannot be rationalized.

    There is only one word for it. Disgusting. Our justice system has reached a new low in its history.

  11. Simple question: can a 12-year old girl be expected to be able to decide responsibly to consent to sex or otherwise? The law was enacted with this fact in mind that an underaged girl will NOT be able to act responsibly so how is this “consensual” thing come about?

    Now bring that age lower, what if some big African student on a student visa buys Cornetto for your 10-year old every other day and she got propositioned… is that consensual sex?

    And they got the cheek to tell us to respect the decision of the bench, go fly kite lah!

  12. Disgusting indeed, Mr Bean, not anything to do with senility but more to do with non-compos mentis…. in trying to pervert the course of justice by the clever mode of ” distinguishing” the facts of the case before it, they hope to justify their reasonings for departure from Precedents – which judges are commonly bound to adhere by way of judicial precedents….
    Quotable Quote : Right now, we have incompetent high level bureacrats in our civil service and we also have judges who allow convicted child rapists to go free – Frank
    ( in the thread in which Dato Din very aptly describes the Ineeficiency & Incompetencies of Wisma Putra in dealing with Foreign Affairs )

  13. Our judges got their degrees from law schools but their knowledge of law is from the madrasahs.

    They are a disgrace to Malay and Muslim judges. They can’t even protect minors and little girls like their own nieces, grand nieces, grand daughters.

    Here is my take why they are lenient on the paedophiles.

    In their intrepretation of Islam, girls who have menstruated are ready for sex. Girs menstruate at age 12 years old.

    So that is why the Penal Code on Statutory Rape is IRRELEVANT to the President of the Court of Appeal, this Raus Shariff character and that judge, Sitarun, in Penang who is a disgrace to her fellow sisters and Muslim sisters.

    This woman judge simply vomit back the judgement of the court of appeal without using her brain.

  14. Travel Agencies in Malaysia will soon advertise on CNN , “Paedophile Tours to Malaysia. Have a Stopover to Malaysia from Thailand. 20% Discount Airfare for First Time Offenders, Sportsmen and School Drop-outs.”

  15. National Election; voting is similar to receiving a telegram money order once in 5 years. Surely the poor people are all excited. A bottle of local rice wine merely cost less then RM50 and the orang asli can go for RM20 half bottle. Muslims are prohibited from consuming spirit & wines so they don’t need money orders.

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