Zaki should support Chief Justice’s vow of “house-cleaning” of judiciary with three measures
The new Chief Justice of Malaysia Datuk Abdul Hamid Mohamad has made a courageous pledge of “house-cleaning” of the judiciary after being sworn in as the highest judicial officer of the land.
Abdul Hamid is the first top judicial officer to admit to the rot in the judiciary which has plunged national and international confidence in the system of justice to the lowest point in the 50-year history of the nation, and the rot in the judicial system is most vividly described by the Chief Justice when he said:
“I am aware that this appointment is a heavy burden on me. It is more so when it happens at a very challenging time, that is, when public perceptions of the judiciary are disturbing, when the integrity of the courts in the administration of justice is doubted, when appointments and the behaviour of judges and their commitments in the discharge of their duties, are all being questioned.”
Describing the judiciary as the last frontier of a nation, he said : “When the people no longer have confidence in the courts, there will be chaos.
“The independence of the judiciary means giving decision in a case based on law and evidence adduced in court without being influenced or pressured by any party.”
I wish to express my full support to Abdul Hamid’s bold admission of the rot in the administration of justice and his vow to “house-clean” the judiciary.
I do not doube Abdul Hamid’s sincerity, honesty or seriousness of purpose. However, I am very pessimistic at the prospect of success of such a “house-cleaning” by Abdul Hamid for two reasons:
Firstly, Abdul Hamid will create history as the top judicial officer of the land who will serve for the shortest period, as he will be Chief Justice for only four months, reaching his retirement age by 18th April 2008, and even with a six-month extension till 18th October 2008, the longest period Abdul Hamid will serve as Chief Justice will be 10 months.
In fact, it is no exaggeration to describe Abdul Hamid as an “accidental Chief Justice” as the powers-that-be had never intended for him to become Chief Justice – and he would not have ascended to the highest judicial post in the country if not for a combination of unexpected events outside the control of the powers-that-be.
Secondly, will Abdul Hamid get full support from the full bench of judges at all three tiers of the judiciary, Federal Court, Court of Appeal and High Court, for a root-and-branch “house-cleaning” of the judiciary?
In urging judges to support his pledge of “house-cleaning”, Abdul Hamid said the independence of judges in the discharge of their duties come from within themselves and if they are firm, honest and clean, no one would dare to approach them to influence or buy them out.
He said: “But, if we ourselves go about lobbying for appointment as judges or to be promoted, then, we are the ones who have compromised the independence of the judiciary.’
He posed a very important question to the judges: “The question is, is our character strong enough?”
The rot in the administration of justice and the crisis of confidence in the independence and integrity of the judiciary have a long and protracted history lasting 19 years.
Unless Abdul Hamid has the full support of the full bench of Federal Court, Court of Appeal and High Court judges, the Chief Justice will have very little chance of success in any “house-cleaning” and it will again be another tragic failure when one man is pitted against the system.
For this reason, all judges should give full support to the Chief Justice’s vow of “house-cleaning” and the strongest support should come from the No. 2 in the judiciary, the new Court of Appeal President, Tan Sri Zaki Tun Azmi who should set an example of judicial accountability, transparency and integrity by taking three steps:
Firstly, declaring whether he is still an Umno member, and if he had resigned from Umno, when did he submit his resignation.
Secondly, make full public disclosure of all corporate interests particularly those involving Umno which he had relinquished on his “triple-jump” appointment as Federal Court judge in September and quadruple-jump as Court of Appeal President.
Thirdly, announce what steps he would take to assure the nation that he will be Court of Appeal President (and Chief Justice of Malaysia next October as expected) for all Malaysians and not for Umno, and whether he would recuse from all cases involving Umno corporate or political interests in view of his two-decade-long association with Umno corporate and political interests whether as Court of Appeal President or Chief Justice from next October..
December 12th, 2007 at 15: 56.34
Wah! Another cleansing. Wonder what type this one will be now!
December 12th, 2007 at 16: 05.59
Kit:
You can’t be serious. [deleted]
No, there is no longer any trust, and trust is something that takes very long to build up, but only takes a very short time to dissolve, and that’s the situation we face here. The trust that we have was taken away by UMNO, and to ask them to reform themselves now is simply a waste of time.
December 12th, 2007 at 16: 11.37
from top to bottom all “SAPU” into carpet…
then we can form some call UMNO Baru…
CJ as Lifetime Advisor, AG as Legal Head, CP as “Jaga” Head… last and not least with “legal endorsement” from EC
then AB can sit properly and auspiciously for another term…
Budaya Malaysia…!
December 12th, 2007 at 16: 15.48
Seriously Kit, is there any hope left?? I’m beginning to think that every action being taken by the people is being thwarted with such ease and recklessness..
December 12th, 2007 at 17: 07.14
Kit,
Talk seems to be the cheapest commodity in the country. Every guy who is appointed to head any institution makes tall promises but nothing happens. Of course the biggest liar and promise breaker is the PM himself. He has broken every single promises he has made to the rakyat.
But I tend to believe this CJ but I am afraid the next man in line will undo whatever little Abd Hamid will achieve during his short tenure.
Zaki can never repair the rot, NEVER, as man with a sullied character cannot give what he hasn’t got.
His triple jump over more qualified/senior and sitting judges points to a sinister motives.
He has to show his gratitude to the powers that be that moved him to this position. He is there to do that bidding from his Masters.
December 12th, 2007 at 17: 44.42
YB, I wouldn’t give Abdul Hamid blanket approval just yet!
Look, he has only 6 months or so to go, then he retires. Not even the illustrious Lord Denning would be able to make any dent in so short a space of time on the labyrinthine abyss that the judiciary is in! So, I can only sympathise with Abdul Hamid.
Then UMNO’s hero will strut onto the judicaial stage…lo and behold, what a circus it will be!
Sigh. Just no hope left!
December 12th, 2007 at 18: 35.20
Whilst I congratulate the new Chief Justice of Malaysia, Datuk Abdul Hamid Mohamad for his bold and courageous pledge, I hope it will be “house-cleansing” and not just “cleaning” which any Jeanne is able to do. We don’t really need a CJ for simple cleaning job, do we?
Let’s hope CJ Abdul Hamid truly means it and not just for the cameras but sincerely help restore the integrity, transparency and respect in the Judiciary that it badly needs.
The appointment of Zaki Tun Azmi in quadruple jump to President Court of Appeal, sounds so ridiculously obvious and unbecoming esp when it’s no secret Zaki has been a diehard member of UMNO who used to fight in the courts in UMNO’s interests, so how can he be impatial dealing with cases that involve might probably involve UMNO and/or its members? Does he have that sensible judicious quality fit for the job?
Correct me if I am wrong, but I heard he had to resign from member of UMNO Displinary Board due to some improprieties so how could he be given this job, unless PM Abdullah Ahmad Badawi and his Administration view the Judiciary less prestigious and respectful than UMNO?
December 12th, 2007 at 18: 42.07
Ooops sorry, should read:
“..so how can he be impartial dealing with cases that probably might involve UMNO and/or its members?”
December 12th, 2007 at 19: 05.45
whether he resign from UMNO or not…
his position and judgement still a BIG Question MARK…
can ask Agong to remove him from the list or not…?
how can Agong allow this thing happen in our country?
has he endorse the fella already?
December 12th, 2007 at 19: 13.20
”
The new Chief Justice of Malaysia Datuk Abdul Hamid Mohamad has made a courageous pledge of “house-cleaning†of the judiciary after being sworn in as the highest judicial officer of the land.
”
Start from 1988.
December 12th, 2007 at 19: 53.29
“Correct me if I am wrong, but I heard he had to resign from member of UMNO Displinary Board due to some improprieties ” Jong
How could the boy often caught playing truant be made a class monitor? How could someone who made the triple jump in his underwear be crowned “Best Athlete”??
December 12th, 2007 at 19: 59.18
“The new Chief Justice ….has made a courageous pledge of “house-cleaning†of the judiciary after being sworn in as the highest judicial officer of the land”
What is the point of cleaning a house infested with termites - time to build a new house.
December 12th, 2007 at 21: 11.57
[deleted]
December 12th, 2007 at 22: 01.22
What can the new CJ do in 10 months?
All the corruptors need to do is to wait out for 10 months and start their monkey tricks again when he is gone!
December 12th, 2007 at 22: 06.39
[deleted]
December 12th, 2007 at 22: 15.43
[deleted]
December 12th, 2007 at 22: 25.27
undergrad2,
Yeah, you may be right hopelessness sets in if this Malaysian ’superman’ gets into his stunt.
Meantime, let’s just leave CJ Datuk Abdul Hamid to his cleansing and detoxification program before he retires in 10 months and hope for the best.
Maybe some of you - 9to5, prayering for Divine Intervention may be answered.
December 12th, 2007 at 22: 29.19
DarkHorse,
Your sexist remark is most offending!
December 12th, 2007 at 23: 31.32
AAB says he needs more than one term for us to see results in his corruption cleaning campaign. So to be fair, he should arrange for the CJ to have just as long a period to clean the judiciary. In fact, since he is so fair to arrange for a Constitional amendment for the EC Chairman’s term to be extended, he should do the same for the CJ.
December 12th, 2007 at 23: 49.41
Well, my dear Malaysians, vote BN out! BN = UMNO.
December 13th, 2007 at 05: 37.56
Isnt this one of the oldest trick in times? Purposely appoint someone just for a short period of time as a show so that they have an excuse in the general election? This is what RPK might call, a silap mata, now you see now you dont that sort of thing. We dont want promises, we want results. We are sick and tired of empty hollow promises. All they do is catching red herrings and leave the big white shark alone. You call that house cleaning on corruption? I call that BS level of work.
December 13th, 2007 at 08: 15.42
Pessimistic? I would say don’t even hope. Given this veneer accorded to the critics, the Bar Council should have a dialogue with Abdul Hamid about what he intend to do and to ensure that Zaki not only does not stop or reverse any reform effort but that he has to continue to do so. If there is no real program, then the Bar Council should come out to declare they have no confidence with reform effort and continue to protest.
December 13th, 2007 at 11: 08.56
Jong,
Godfather (who got his posting deleted unfairly because his was a question) got my response to his posting struck off once again! Dark Horse was just collateral damage. So Godfather please don’t ask me anymore questions! Kit is understandably worried about potentially defamatory remarks made on his website. Minister of Mis-Information may quote and this time he will not be doing so as Minister of Mis-Information - just Minister of (plain) Information.
Look, Jong, perhaps you’ve been away in Vancouver too long but many Malaysians (at least 60%) - prior to the bocor issue in Parliament - never thought sexism was wrong. What is ’sexism’ by western standards may not be by Confucian or Muslim values.
December 13th, 2007 at 13: 20.44
Those “bocor” and “boleh masuk” MPs are products and result of bad up-bringing - chauvinistic pigs, that’s what they are! It has nothing to do with Muslim or Confucian values.
I have many friends who are Muslims and Confucianists yet they are exemplary human being.
December 13th, 2007 at 13: 47.37
Most people focussed on the fact Zaki resigned from UMNO disciplinary board over “personal problem”, not tying his appointment over his “personal problem”. We all know what that problem was.
In general, I have to agree that one’s personal live should have little to do with one’s professional performance EXCEPT if it directly relates to it and this one does.
The fact of the matter is that in dealing with his “personal problem”, the man circumvented the law first in his marriage and the in his divorce. THIS IS THE PERSON WHO IS EXPECTED TO LECTURE OTHERS ABOUT UPHOLDING THE LAW NOT TO MENTION THE HONOR AND INTEGRITY OF AN ENTIRE JUDICIAL SYSTEM?
One can expect UMNO politicians to be hypocrites but frankly they think nothing of extending it to the judicial system too worries me to no bounds especially if they are pushing for Islamization.
December 13th, 2007 at 19: 38.58
EMPTY PROMISES AGAIN!!!!
December 13th, 2007 at 20: 47.24
“I have many friends who are Muslims and Confucianists yet they are exemplary human being.” JONG
No one can disagree with that! Perhaps I should have used another example - my bad!
The outbursts in Parliament which have come to be known as the ‘bocor incident’ are inexcusable and deplorable and cannot be tolerated in an assembly like the legislature. It is street language and belongs to the streets.
I was referring to ’sexism’. Those are not really incidents of sexism. It is not about the lack of sensitivity or respect for women. Those were outbursts by individuals who are bent on insulting fellow MPs. ‘Sexism’ is a word they do not understand. Being sexist or not sexist is furthest from their minds.
A Muslim woman walking two steps behind her husband is ’sexism’ - but sexism legitimized by religion. Not allowing women to vote because they were women at the turn of the last century, is it not sexism? We are more sexist in our behavior and attitude on a daily basis, more than we are prepared to admit and that applies to both sexes.
December 13th, 2007 at 23: 50.56
“We are more sexist in our behavior and attitude on a daily basis, more than we are prepared to admit and that applies to both sexes.”
- can’t agree more ..there’s hope!
December 14th, 2007 at 00: 31.58
Jong,
Do you let your wife walk ahead of you to see who is looking at her??
December 14th, 2007 at 00: 38.36
I don’t think I am qualified to answer your question, but very often I walk ahead.
January 12th, 2008 at 22: 36.31
Is there any way we can attempt to prevent Zaki from being promoted to the top post of the Judiciary? The judiciary has suffered since 1988 and since then it is scandal after scandal involving the top judge. When are we going to have a respectable judiciary? The issue must NOT be allowed to die a natural death. The fact is that Malaysia has too many scandals happening in quick succession that before we could finish our discussion on one scandal, another pops up to demand our attention. The first one is then quickly forgotten. They say Malaysians have short memory. I say we have too any scandals to deal with. Our hands are full. Is this a political tactic of the BN?