Independence of the Malaysian Judiciary: We can make it happen


January 3, 2013

Independence of the Malaysian Judiciary: We can make it happen

by Choo Sing Chye (01-02-13) @http://www.malaysiakini.com

Is it too encumbering for the rakyat to ask for a judiciary that is not only independent, but also seen as such?

azlanThe three pillars of good government, the Legislature, the Executive and the Judiciary must be separated. The legislature legislates laws, the executive executes them, and the judiciary checks  implementation.

But in a Westminster parliamentary system, we shouldn’t put too high a hope because the Prime Minister is the head of the Legislature and at the same time, heads the cabinet which is the Executive. These two entities are seamlessly interchangeable.

In Britain, the separation of powers rest squarely on the Judiciary.

“In 1984, Clive Ponting, a senior civil servant in the Naval Affairs office after the Falklands War, was charged for leaking information to a Labour Member of Parliament. Ponting’s bosses at the Defence ministry had been systematically lying to the parliamentary committee investigating the sinking of the cruiser General Belgrano.

“Poning believed that when Prime Minister Thatcher ordered the attack on the Argentine cruiser, it was already leaving the war zone. There were 368 Argentine lives lost in the sinking, and many Britons were killed in reprisal.

“Feeling that, two years later, a cover-up was still in effect, Ponting decided he owed a higher allegiance to truth and to Parliament than to his bureaucratic superiors.

“Arrested and tried by the government, Ponting was eventually acquitted in a much-publicised trial at the Old Bailey, by a jury of 12 ordinary men and women who, like their fellow citizens, saw no harm in a civil servant insisting on honesty in government.” (1)

In Malaysia, the BN leaders have reduced the Parliament into a rubber stamp and with the sacking of Salleh Abbasin 1988, had further provided BN leaders with near-absolute judicial power. Now they can change and interpret laws as they like. Just like in a quasi-democracy, the Malaysian Judiciary is seen as another extension of the Executive.

Should we, the rakyat, be contented with the state of affairs that we are in now?While our neighbours’ democratic spaces are expanding, Malaysia’s is shrinking. Even Burma has been taking baby-steps towards the direction of democracy.

Apparently, there is no reason whatsoever for the BN leaders to lead our country into the abyss of dictatorship. Only you can stop this trend through the ballot box in the 13th general election.So don’t look the other way, because the choice is yours.

A reminder: “Whereas animals live by instinct and therefore do what they do directly, we can decide between alternatives, and this choice is possible because we can reflect on how we are going to act.” – Philosophy in the Mass Society, by George Grant.

Reference:

(1) Patrick Watson & Benjamin Barber. The Struggle For Democracy, Toronto: 1988

Review: The book, The Struggle for Democracy, covers on many aspects of democracy and it gives us a myriad of insightful events which touches the very cord of this subject. This book is a good read, especially for politicians.

3 thoughts on “Independence of the Malaysian Judiciary: We can make it happen

  1. The upper house i.e. the Senate may be the bridal chambers where relationships are consumated and the lower house, UMNO’s out house where deposits are made, the judiciary is no backroom where deals are concluded.

    Have I missed anything??

  2. Any democratic country not abiding by the separation of powers will die of natural death of the ruling party.We have yet to see the truth soon. Keep our fingers crossed

  3. As long as the Head of the Judiciary is appointed by the King AT THE RECOMMENDATION of the PM, it will be difficult to have a truly independent judiciary. A power crazy PM can abuse this. Have we not witnessed this. I am reminded of “looks like me, sounds like me but it’s not me”.

    Perhaps the time has come for the country have a panel of 7 or 9 members of forthright eminent Malaysians recommending 3 names for the King to select. Only then will the person selected not be beholden to the PM, unless we have another Tun Suffian or Tun Salleh Abbas.

    Likewise, the basis of our Westminister system of government rest on the independence of our public institutions like the EC, Attorney General, Auditor General, IGP, Chief of Armed Forces, MACC. All these serve at the pleasure of the King. As Ku LI has repeatedly said, the independence of these institutions will guard against abuses, corruption and ensure good governance and transparency as these institutions serve the people, not the Executive or PM. Currently the heads, though appointed by the King, they are recommended by the PM.

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