Malaysia–Rule of Law is a Joke


April 10, 2017

MalaysiaRule of Law is a Joke

by Nawar Fardaws

http://www.freemalaysiatoday.com

Image result for S. Ambiga

Award Winning HAKAM President, Dato’ S. Ambiga. Read this–http://www.themalaymailonline.com/malaysia/article/10-things-about-ambiga-human-rights-defender

No man or woman should be above the law but in Malaysia, this principle of justice appears to have been neglected, said human rights lawyer Dato’ S Ambiga.

“We saw several people assaulting an MP and they might get away with just a RM100 fine.Then we saw Lena Hendry fined RM10,000 for airing a documentary that is already in the public domain. And the prosecutors are appealing for a higher sentence.The higher you go, the less accountability, the less (chances that) you will be charged,” she said at the third annual Day of Solidarity talk held here today.

Image result for Firdaus Tajuddin

The Pampered Son of an UMNO Minister–Firdaus Tajuddin

Ambiga was referring to two cases that have made national headlines.The first involved Firdaus Tajuddin and seven others, who were charged under Section 14 of the Minor Offences Act 195 for allegedly assaulting Shah Alam MP Khalid Samad on Parliament grounds last year.

Firdaus is the son of Deputy Agri­culture and Agro-based Industry Minister and Najib Razak’s sycophant Tajuddin Abdul Rahman.

The second saw Pusat Komas programme manager Hendry fined RM10,000 after she was found guilty of the charge under Section 6(1)(b) of the Film Censorship Act for showing “No Fire Zone: The Killing Fields of Sri Lanka”.

It was a documentary on the Sri Lankan civil war that lasted 26 years.“That’s where we have a problem and we all can see it. There is a lack of justice,” added Ambiga.

“They (those above the law) think they can get away with it. They think we are not watching or listening, but we are. We see the erosion of justice that is happening here.”

The talk, themed “Pilgrimage Towards Justice and Peace”, was organised by the Malaysian Council of Churches and the Conference of Religious Major Superiors (Roman Catholic Church).

Present was social activist Marina Mahathir and former law minister Zaid Ibrahim. Dato’Ambiga, who is the President of the national human rights society, HAKAM, said the country’s institutions have failed the public who looked up to them to act in a fair and just manner.

Image result for pandikar amin mulia

Tun Dr. Mahathir, the new born Democrat and Malaysia’s Dewan Rakyat Speaker Amin (Not) Mulia

She also slammed Dewan Rakyat Speaker Pandikar Amin Mulia who, on April 6 , made the surprise decision to defer debates on PAS President Abdul Hadi Awang’s motion to table his private member’s bill.

The bill seeks to increase the shariah courts’ punitive powers.“There can only be political reasons for his actions. And it is so irresponsible for a leader to act like that,” said Ambiga.

12 thoughts on “Malaysia–Rule of Law is a Joke

  1. Malaysia is now a political failure. Vision 2020 is deformed since we are far from being a Bangsa Malaysia as Ketuanan Melayu takes over. I never expected this to be the outcome of our nation building effort which began in 1957. CLF, Tok Cik, Orang Malaya, LaMoy, what do guys think? Am I being pessimistic. –Din Merican

  2. Pak Din,

    If you are pessimistic don’t expect us to be the opposite. In fact, I have given up on the ruling coalition since the day great Madey subjugated the Judiciary and turn it into little more than a circus clown to be ogled and laughed at.

    This country has become nothing more than a fiefdom of the Umnoputras. They are the ones who are calling the shots and making a mess of things at our expense.

    And now we have bigger clowns like that monkey from Tasek Gelugor who thinks he is the greatest Islamic thinker and arbiter and can say whatever he thinks and feels is right. This guy condones rape and child marriage, what a joke!

    Malaysia has become the laughing stock of the world. And with well-paid stooges around we will be there for a good length of time.

    Forget Al Jubor and fatso Rosie, they are riding the crest thanks to idiots like Hadi Awang, Rahman Dahlan, Shabudin Yahaya, Shahidan Kassim etc.

    It is a done deal. We are doomed. Period.

  3. If we let our imagination fly, contemplate the best of the worst of situation can a racist, theocratic and benign kleptocracy work?

    Lee Kuan Yew and his PAP build a developed country through a period when autocracy was much maligned and failed left and right. Many in the west did not give it much chance of delivering what they have delivered. Can a benign kleptocratic, racist, theocratic state work against the popular believe?

    Its not necessaritly impossible, it all depends on how much the people are willing to tolerate. If the population is willing to live with wide disparity of income, with regular hallucination of handouts, have enough targets to blame for eventual malaise and stagnation, its not impossible. Look at Saudi Arabia, in reality a failed economy with widespread unemployment, in reality very big poverty problem, discrimination of sexes, race, religion etc, but its kept viable by huge oil wealth. You take Dubai and UAE, it is a theocratic state but it finds a way for foreigners and the rich to indulge in unIslamic excesses that manages and lead their very open successful economy.

    BUT all the excuses that a benign kleptocratic, racist and theocratic state can possibly work is predicated on one fundamental problem we have that others do not have – MASS ENTITLEMENT – namely the NEP. At the core of the problem of the model UMNO-Hadi-PAS working on is they sold a dream of individual upward mobility for the masses that is a genie that cannot be put in the bottle. Sooner or later, they will insist on the fantasy of economic and political freedom that even the most benign, kleptocratic, fear-hate mongering regime, even one based on autocratic thousand year old hallucinating, lets assume it can be a cult, religious texts, cannot meet. It comes down to the Republican truth – the power of government is limited eventually, no matter the circumstances.

    This is the kind of intellectualism that pretender like Najib does not have the capacity, i.e, his mediocrity.. The man cannot even steal without getting caught so many times in his career. He is incapable of real intellectualism required to run a country like Malaysia in a global world we have today..

  4. Malaysia have laws, legislations, amendments, bylaws for every situation. Then they have laws for in laws and outlaws and scofflaws.
    The laws however have not been enforced fairly and justly. We have learned judges that pass mind boggling judgement. Case in point about a young bowler that was convicted of statutory rape (rape of a minor). He got away with a probation because the judge feels that as a sportsperson he has potential. Excuse me Yang Ariff.
    Then we have lawyers and lawyers by the thousands but few litigation or court lawyers. Most are into conveyancing. Now Shariah Law is the chosen field. Yet we have backlog of Shariah cases where single mothers are made to wait years for settlement of their divorce or payment for child support.

    Lately we have a new Chief Justice whose term is about 6 months. What can he do in 6 months that his predecessor failed to do in years. Perhaps he’s rewarded with retirement benefits as Chief Justice for all his years as a Judge.

    I wish someone from Malaysian Law Journal can document the judgement and often trivial and silly judgement of the judges. It would make interesting reading and perhaps deserve a chuckle or two when quoted as precedent.

    The straw that broke the camels back was Che Det when he fired the Lord President Tun Salleh Abas. Since then judges were afraid to rule against UMNO and the government. There’s also the decline in the judiciary when most High Court judges and Court of Appeal judges were appointed from a certain race. It went downhill fast and is still going downhill.

    The agencies entrusted to enforce the laws were also to be blamed in not conducting investigation fairly and often times favoring UMNO. Notice how long it takes to investigate a complaint against an UMNO member and how fast PDRM act when it’s the Opposition. I can still remember the policemen in balaclava and full body armor arresting Anwar Ibrahim like he’s the head of some terrorist unit. When it’s an UMNO member they are ask to come in for tea. A gang attack an MP in Parliament and gets fined RM 100. The fine Ismail not even enough to pay the pay of the security guard at Parliament House.

  5. No, Din, you’re no more pessimistic than I am. We both love Malaysia, but our love for Malaysia has a difference in degree. You being born a Malayan citizen feeling great pain seeing what a sorry stage Malaysia has gotten in. And I being born in Malaya as a foreign national, an orang asing so to speak, growing up in Malaysia knowing all the time that one day I had to return to the United States. My pain of seeing the deterioration of Malaysia is much lesser than yours.

    I’ve said here several times that I feel most Malaysians are confused between rule of law and rule by law. And recently, I remember, CLF in one of his posts painstakingly pointed out Malaysia is a nation rule by law and not rule of law. Ambiga is saying the same thing when she says ” No man or woman should be above the law….” The problem is Malaysia never has had rule of law in its entire history. Malaysia inherited the colonial rule by law system and perpetuated it. Rule by law simply means rule by any law which is laid down by the supreme law making authority of that country. One is not concerned about what the law is or what its purpose is. It’s a tool of the government to govern the way it sees fit. The rule of law is the legal principle that law should govern a nation and no one is above the law, including lawmakers, government and monarchy.

    Perhaps it is a good thing that you’ve an extremely corrupt and incompetent Najib in Malaysia and we’ve a narcissist idiot Trump in the United States, and both are wrecking their respective country. They woken up our two peoples. It’s human nature that we tend to become too complacent until we meet a crisis. And crisis in Chinese is made up of two characters, danger and opportunity. When there is danger, there always is opportunity. If the vast majority of the Malay masses cannot see the danger of the nation to seize the opportunity to change or overthrow the corrupt and racist UMNO, perhaps it is not a bad idea just to let Malaysia die so that it can reborn again – hopefully into a better, fair and just society.

    Although many friends, especially those in Hong Kong, called me Yang guizi (Chinese: 洋鬼子; literally: “Western devil”) or Banana (meaning yellow outside, white inside), I’m very much influenced by the Chinese philosophy of Taoism. In the eyes of Tao, everything moves cyclically. History is time; and time instead of moving in a straight line from day one to two and so forth, it moves in a cycle from spring to summer to autumn and winter and then it is back to spring again. So is our physical energy. Having renewed in the morning after a good night’s sleep, it expands in the day and goes into a decline when night approaches. It is then back to the state of repose – not unlike what winter does at the end of a year.

    And so is a nation. So goes everything else. There is always a coming and going, expansion and contraction. After day, it is night; and after night it is day. While night is the ending of day, it is also where day begins. You see in it an oscillation between the opposite forces; from yin to yang and yang to yin, and then it is back to yang again. When yin reaches its extreme, it gives way to yang; when yang reaches its peak, it moves back to yin. Extremity results in movement towards the opposite. So success without renewal is heading for failure, and stress without relief leads one into distress.

    Thus Lao Tzu says in Tao Te Ching, “The sage avoids excess, extravagance, and indulgence.” Avoid having too little or too much. If no action is called for, doing anything is overdoing. Working too hard or too little is both problematic. Finding the balance, therefore, in what one should be doing – in all things in life. But if critical change is called for, extremity is not necessary a bad thing, as long as it is a drastic swing back to balance.

    There are many stories about enlightenment dawning upon the people of a nation when they faced severe crisis of their country. Take China for example, after more than a century of foreign invasion and humiliation, today it is a superpower. The Malaysian experience is pale comparing to the killing fields of Cambodia. And Cambodia is recovering from all its tragic.

    So, have faith in our people, brother. Just do what you are doing and the little you can do, but be patient and have faith in our people. The darkness that covers Malaysia will be broken and daylight will come. When we feel the extreme cold of the winter, spring is not too far away. We may not live to see it but I feel it. Malaysia will become the California of Southeast Asia.

  6. In some countries the initial set of Ministries on achieving independence includes MINISTER OF JUSTICE. However it is soon realized that some of the policies/decisions of leadership may not be JUST so the solutions was tor replace the word Justice with MINISTER OF LAWS. as it is not necessary for some saws to be just as they can be approved to favor selected groups/individuals.
    Punishments prescribed in laws for some offences are normally said to be UP TO A MAXIMUM FINE OR MAXIMUM PERIOD OF IMPRISONMENT OR BOTH and
    the media especially the TV Presenters never fail to emphasize this,
    However the laws give the discretion of sentence to the presiding judge. But there have been cases in many countries including developed countries where the extent of punishment may higher for low level offences [normally poor individuals] but may be lower or nominal where the loss amounts involved may be in hundreds of millions of US$ where the offenders may be titled/high profile professionals including those in positions of power or connected to those in power. Further the quantum of sentence can be negotiated under the ‘p;ea-bargain’ system without the offender being registered as a criminal and another case may be the sentences running concurrently for multiple offenses resulting in the offender serving a small period or not at all if the case may go for multiple appeals which can take years and only those with financial resources can use this method.
    JUSTICE AND LAWS ARE DIFFERENT AND SHOULD NOT BE ASSUMED TO BE SAME.

  7. “So, have faith in our people. So just do the what you are doing and the little you can do,but be patient and have faith in our prople”. I cannot agree with this more. But when I see what has happened to many countries in my region in the 80s and 90s, who till today have not recovered after 30 years change in leadership because their population has either doubled or intreased three times, I am concerned. Nations are like 400,000 tons Oil Tankers. It takes about half an hour to stop it or turn it around. What happens in that half an hour is beyond the control of the Master and things do get crushed in the way of that Oil Tanker.

  8. Malaysians are now reduced to a poverty level where they are waiting for handouts as in a General Elections. Free petrol for motorcycles truckloads of “mineral” water but are all these sufficient to wards off the rakyat’s anger and hunger?

  9. All this while, well meaning folk (including the Oppo) have been assuming that Malusia is a democracy. It is, only insofar as to holding democratic rituals and heavily rigged elections. We really can’t call Malusia a democracy – ‘cuz without a Rule of Law, democracy is just plain nonsense.

    Malusia under Jibros and their brain compromised deputy (also Home Min), is fast approaching a failed state with extrajudicial killings – including deaths in custody and forced disappearances of social and political activists. The cardinal symbol of this state of tyranny happens to be a Mongolian ‘translator’ linked to a shady armament deal, who was blown to smithereens by military grade explosives.

    Besides the gross inequality in enforcement, application, indictment and judgement – there is a growing sense of haplessness, cynicism, distrust and fear. There are also elements of racism, sexism and class differentiation.

    How else can we explain the abject fear of our Indian brothers when faced with detention? Or the preferential treatment in our MSM (or even independent journalists) when entitled crooks are arrested without mention of his/her name, while the ordinary bloke has his/her mug splattered all over – even for much lesser crimes?

    So.., in actual fact, Malusia is in a state of FUBARcracy especially when it’s cretinous leaders lead by example, thru their nether bung.

  10. The Conundrum : In UK , the rule of law was ” the rule by the length of the Chancellor’s foot ” in the 17th Century ” , concerning matters of temporal laws….
    In Malaysia , its the rule of the law by the length of the Executive brains, not much longer than measured by their individuals’ foot ! ~

    Going backwards means going ‘ forward ‘ in the perception of those holding powers, here …… Powers my foot ! !

  11. The Islamist and Muslim extremist had infiltrated every level of government with power to influence policies and decisions.

    This present situation is worst than the threat of communists. The people were united to fight them hidding in the jungle. Islamist and Malay/Muslim extremist can hid behind race and religion for protection and security and you don’t know which one is going to cause trouble tomorrow.

    Together with decades of bad and corrupt political leadership and culture and gross mismanagement, you have to work very hard and commit a lot of resources and energy just to slow down the damage it will cause.

  12. Seriously folks, if this is a “moderate” Muslim country I think people understand why when some idiots go “religion of peace” people double up in laughter.

    Ever since Merdeka it has been a long day’s journey into night.

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