DAP welcomes developments indicating that the Prime Minister, Datuk Seri Abdullah Ahmad Badawi is finally prepared to carry out long-overdue reforms to take the first step to restore national and international confidence in the independence, impartiality, integrity and quality of the judiciary.
I have been calling for judicial reforms both in and outside Parliament in the past two decades when the country reeled from one judiciary crisis to another since the “Mother of Judicial Crisis” in 1988 with the arbitrary sacking of Tun Salleh Abas as Lord President and two Supreme Court Judges, the late Tan Sri Wan Suleiman Pawanteh and Datuk George Seah as Supreme Court judges, and the victimization of independent-minded judges.
Abdullah should not take half-hearted measures but must initiate far-reaching judicial reforms to restore the Malaysian judiciary to its world-class pedestal which it had enjoyed since Independence in 1957 until two decades ago.
To ensure that Malaysia move out of the “judicial darkness” in the past two decades, the elements of a far-reaching judicial reform programme must include:
• A Royal Commission of Inquiry on Judicial Reforms to make detailed recommendations after a probe into the “judicial darkness” of the past two decades;
• A just and proper closure to the 1988 judicial crisis over the sacking of Tun Salleh Abas as Lord President and Datuk George Seah and the late Tan Sri Wan Sulaiman Pawanteh as Supreme Court judges, bearing in mind that the victims of the “Mother of Judicial Crisis in Malaysia” were not confined to the three top judges sacked, the three other judges who were persecuted and hauled before a Judicial Tribunal but also the Malaysian people and nation who suffered for two decades the depredations of a deepening “judicial darkness”;
• Restoration of the doctrine of the separation of powers by reinstating the inherent judicial powers of the judiciary as entrenched in the Merdeka Constitution but which was taken away in a constitutional amendment in 1988 as part of the 1987-88 Operation Lalang crackdown on fundamental liberties.
• A Judicial Appointment and Promotions Commission; and
• Overhaul of the Judges’ Code of Ethics to restore public confidence in judicial independence, impartiality and integrity, and to provide for a satisfactory and accountable mechanism for public complaints against judges, including the Chief Justice, for breaches of the Judges’ Code of Ethics.
#1 by k1980 on Wednesday, 16 April 2008 - 1:24 pm
Do not expect any drastic changes in the judiciary from a PM who is anxiously counting away the minutes and seconds before he is dumped by his own Supreme Council
#2 by billgates on Wednesday, 16 April 2008 - 2:29 pm
This is the best chance for Paklah to kill 2 birds with 1 big stone:
a. The judiciary shits was the making of TDM – and is high time that the shits ate thrown back to the maker to shout him off
b. Judiciary cleansing will prove to the people that BN is listening and taking pro-active stand.
Malaysians are eagerly awaiting for the RCI report on Linggam. Time to nail Eusoff Chin, Linggam, Vincent Tan, Ahmad Fairuz and TDM and bring justice to MGG Pillai, Tun Salleh Abas et al.
http://pakatanrakyat-perak.blogspot.com
#3 by NotProudToBeMalaysian on Wednesday, 16 April 2008 - 2:46 pm
Ooohhh, come on!
Are you really going to believe that conman.
He’ll never ever change, I bet!
Whatever he says, don’t ever trust any of his word.
He’s just dragging on time, just to fulfill his SIL plan.
That’s why he’s trying to be nice, in words of course!
Saying is one thing and doing is another.
Wait till he plays Najib out too!
Then Umno members will only wake up by then.
And when Umno members wake up, it’ll be too late!
#4 by Bigjoe on Wednesday, 16 April 2008 - 3:32 pm
The biggest danger here is the how the judicial commission of appt will be filled with. There will be surely attempt to fill it with BN-beholden appointee.
The fact of the matter is BN is scared stiff or a real independent judiciary. Not many want to risk it.
Pak Lah, even if he sees that this would be his greatest legacy, have not shown the tenacity to do something so difficult…
#5 by mendela on Wednesday, 16 April 2008 - 3:37 pm
The only way to have real judicial reforms is to dump UMNO and take over the Federal Government by PR!
#6 by novice101 on Wednesday, 16 April 2008 - 3:42 pm
It’s not only the opposition political parties that will support the PM
on reforms to the judiciary. A large majority of Malaysians are also in favour of this move.
These Malaysians should make this wish known to the PM. They should make use of the PM’s website – http://www.warkahuntukpm.com.my – to send their wishes known to the PM.
#7 by naked taliban on Wednesday, 16 April 2008 - 3:42 pm
A Joker in a pack of cards can be a powerful character if used wisely.Is the return of the Joker immenient . ??
#8 by sotong on Wednesday, 16 April 2008 - 3:54 pm
Pak Lah released Anwar……but the people are not satisfied.
If he wants the people and world to remember him as a great, responsible and accounatble PM, eventhough his leadership is short, he must be prepared to go down fighting for an immediate radical reform of the judiciary….starting with a RCI.
It is better to be remembered for the quality and constructive contributions to the country for a short period in office than the mess/shits created after long period in office.
#9 by MY VIEW on Wednesday, 16 April 2008 - 4:04 pm
I have said this many many times. Mahathiu is the cause of Malaysia’s judicial crisis. We must support PM Badawi for the judiciary reforms. It is Mahathiu’s men in the UMNO supreme council who are against the reform. The first thing our PM ought to do is to investigate Mahathiu on the abuse of power when he was PM.
#10 by allen ng on Wednesday, 16 April 2008 - 4:30 pm
Actions speak louder than words.I hope Pak lah walks his talk and not mere words.
#11 by merdeka on Wednesday, 16 April 2008 - 5:10 pm
YB Lim,
They can’t do it 2 decades ago, do you think they can do it now????? FORGET IT !!!!! Just wait for Pakatan Rakyat to form new govt & then only we talk about JUDICIAL REFORM !!!!!!!!!
#12 by NotProudToBeMalaysian on Wednesday, 16 April 2008 - 5:32 pm
Don’t blame totally on Mahathir!
If Mahathir started it, then Pak Lah should reform it then.
But so far till now, worse than ever.
Even the ISA is being fully abused by the Pak Lah’s admin.
What is there to argue about???
#13 by mendela on Wednesday, 16 April 2008 - 5:46 pm
“Maha-thiu”, My View.
What a creative name for Mahazalim!
#14 by rainmankl on Wednesday, 16 April 2008 - 6:49 pm
I will buy everyone here a drink if that happen.
[You may have to get ready this treat, by tomorrow night. – Kit]
#15 by undergrad2 on Wednesday, 16 April 2008 - 7:50 pm
Kit says,
“….judicial reform programme “must include” (but I would add “not limited to”)
• A just and proper closure to the 1988 judicial crisis ….
It would help if Kit spells out what form of “closure” he has in mind. So far we’ve been talking about “closure” but without saying what has to be done to bring closure. Can there really be closure?
#16 by Loyal Malaysian on Wednesday, 16 April 2008 - 7:57 pm
The fact that the first in line to the CJ post is a parachute candidate with UMNO links does not give much cause for optimism for any far reaching judicial reforms.
But, at least the victims of the 1988 judicial crisis should be ‘compensated’ – the government of the day says it will not apologised, so can the victims expect?
Of course I hope your optimistic views that the necessary judicial reforms will be instituted soon will come true
#17 by hiro on Wednesday, 16 April 2008 - 8:11 pm
It would be good if Pak Lah could deliver on this wholesale. Chances are he can’t.
Even if he manages, there is no telling whether UMNO will look onto him kindly – he may have been a good PM, but a lousy UMNO President because UMNO power over the judiciary would have been taken away.
There are many other reforms that he hasn’t said he will do, from making ACA independent, the promised IPCMC that has gone quiet after the first week of swearing in as PM, freeing up the press to reforming the electoral process. If he does not pick up and work on these, his excellent record at judicial reform would not matter much to Malaysians.
What UMNO should realise is they need to clean up the system for their own survival. Otherwise the rakyat will have no qualms accepting a major cross over by BN MPs into PR, whether that’s inherently ethical or otherwise.
#18 by shortie kiasu on Wednesday, 16 April 2008 - 10:33 pm
It is too early to rejoice about the “reform” of judiciary. Wait till we see the real and substantive and structural reform, then we will comment.
Whether UMNO can muster its political will to do this or not is yet to be seen, the big question mark remains meantime.
Very often for political expedience, they would put up flowery statements first. The rest never happens.
#19 by Godfather on Thursday, 17 April 2008 - 12:18 am
As usual, it will fall far short of what is required. Then there is the usual fingerpointing or, worse, the statements in the mainstream press that it was the best thing since sliced bread. Some things never change.
#20 by Godfather on Thursday, 17 April 2008 - 12:23 am
How else can you reconcile the desire to have dinner with Saleh Abas (probably initiated by Zaid Ibrahim) and the wanton disregard for press freedom by Syed Hamid suspending the Tamil daily for a week ?
#21 by Joshua Tan Kok Hauw on Thursday, 17 April 2008 - 12:59 am
I don’t think BN will take any action to salvage the reputation of judiciary. Do they have the gut to do it? BN will feel insecured if it cannot control the judges.
Mahathir is the real culprit of this mother of all judicial crisis. He should be brought to the court too to give the story of his side. Will Zaid dare to do it?
#22 by Chong Zhemin on Thursday, 17 April 2008 - 3:42 am
Uncle Kit,
will you be there at the dinner tomorrow? You seem quite sure that the PM will announce something positive. I am indifferent on this occasion, maybe that we have been cheated too many times. Even the apology suggested by Zaid has been slammed by the government. What more can they offer? Anyways, i’m still keeping my fingers crossed.
#23 by undergrad2 on Thursday, 17 April 2008 - 6:45 am
“How else can you reconcile the desire to have dinner with Saleh Abas” Godfather
Salleh Abas should file a civil law suit against the government. He was not given proper hearing because Mahathir chose to ignore the law of natural justice. “What law of natural justice?” he quipped when asked at the time.
You cannot make someone appear before a tribunal or committee headed by someone who stood to benefit from whatever action taken! That’s what natural justice is all about.
The above notwithstanding, I would like to see Anwar Ibrahim head a commission of inquiry into possible abuse of power and corruption by the former Prime Minister! This time he may want to ask, “What poetic justice?”
#24 by sotong on Thursday, 17 April 2008 - 7:16 am
Totally agree with Undergrad2….if the government has nothing to hide, Anwar should head the Commission consisting of equal number of BN & PR members.
#25 by Chong Zhemin on Thursday, 17 April 2008 - 11:41 am
Just read the news in NST. Seems that there will be some real action. Uncle kit, you must have received the invitation before making this post.
http://www.nst.com.my/Current_News/NST/Thursday/National/2215796/Article/index_html
This will be a historical moment.
#26 by Godfather on Thursday, 17 April 2008 - 2:36 pm
“Expression of regret” by Badawi this evening is simply too little, too late. Don’t expect Salleh Abas to get his pension back, and the events of 1988 get swept under the carpet.
There must be a royal commission of inquiry, particularly over the abuse of power by Mahathir. We must discover who else were involved, whether the other judges were cooerced in some way. If the events of 1988 had not happened, Anwar would have had a fair hearing.
Zaki must be made to take his pension, and a new court of appeals president elected from amongst the senior judges. There should also be judicial review of controversial decisions made post 1988, especially on the Anwar episode. Clearly, Anwar CAN’T head the commission of inquiry.
#27 by PSM on Thursday, 17 April 2008 - 4:00 pm
Bro Kit,
I’m sorry, I will not believe it until I see it!
#28 by Godfather on Thursday, 17 April 2008 - 4:40 pm
What is the betting that Badawi will (1) show up late and (2) be caught on camera nodding off at the dinner ?
Since you have been invited, Kit, look out for his minders especially one or more of the 4th floor boys.
#29 by HJ Angus on Thursday, 17 April 2008 - 9:55 pm
The PM’s speech was quite good and shown on Bernama:
2 main points
The appointment of a Judicial Appointments Commission and
payment of ex-gratia monies to the judges who were wronged.
The PM did indicate that everyone wanted the nation to move forward and hence it was implied that re-visiting the events of 1988 would not be appropriate.
Considering the situation he is on, I think he did a good job tonight.
http://malaysiawatch3.blogspot.com/2008/04/thats-way-mr-prime-minister-keep-it-up.html
#30 by undergrad2 on Friday, 18 April 2008 - 3:37 am
“Zaki must be made to take his pension…” Godfather
The only ‘wrong’ he has done so far is he was caught making more jumps than allowed under the ‘hop, step and jump’ ( a field event in athletics) and in his underpants too.
#31 by wtf2 on Friday, 18 April 2008 - 7:27 am
If this Judicial reform is effective, I wonder if the Mongolian murder will get a fair and quicker conclusion that may possibly be detrimental to the PM in-waiting.
#32 by undergrad2 on Friday, 18 April 2008 - 8:04 am
Mr. Prime Minister,
You proposal for ex gratia payment is nothing short of an insult.
——————————–
“This level of trust and respect for the judiciary, we must all admit, is simply not as strong as it was before.”
Are you kiddin’ me??
“…there are concerns related to capacity and efficiency, stemming from long case backlogs, delays and the outdated manner of court administration. There are concerns which are less tangible but are nonetheless prevalent such as perceived corruption and perceived decline in quality.”
So this is about backlogs and judges not writing judgments on time? Administrative delays and hiccups?? A smoke screen to matters more serious.
The rest is about perception? Perception suggests an appearance. We are talking about real allegations here and we’re never going to know unless we have a commission of enquiry.
“The business community, in particular, have voiced concerns about the fairness and capacity of Malaysia’s judiciary..”
A clear understatement! Rather than take their cases to Malaysia’s courts, they prefer to take matters to international arbitration which is not always satisfactory.
“Some of the Malay Rulers have openly voiced their disquiet..”
So “not voicing their disquiet” or silence means consent? The rest are quietly enraged Mr. Prime Minister – more like they are numbed to the moral core of their being. Like Sir Lancelot when King Arthur returned from the Crusades – “speechless” for a reason.
“Some retired judges have related troubling tales of impropriety.”
Another clear understatement. Tales of impropriety? C’mon! They are more serious than that. These are allegations of corruption.
“I even took a political leap of faith by appointing an outspoken maverick as my new de facto Law Minister.”
More like a political leap to save your butt, Mr. Prime Minister!
“The judiciary must be fortified to be an institution that serves the democratic principle of separation of powers. The judiciary must be the guardian of the Constitution and the sentinel of the people’s rights.”
You do not need to fortify. It is provided for by the Federal Constitution. The Judiciary is a third and independent pillar of the government. Not anymore since 1988. So re-instate those constitutional safeguards and provisions since amended or have them repealed.
The original constitutional procedures regarding the removal of the Lord President must be re-instated. The right to judicial review for example. This is to mention but a few.
“The absence of a system in nominating candidates has led some to believe that the process is characterised by abuse, even where there is none.”
Even where there is none? Even where there is none??
Don’t forget convention and the force of convention can be stronger than any written law which however well drafted may have flaws. It does not have to be so transparent as to transform the process into a political one.
“The system must have built-in safeguards to prevent potential abuse and it must have a process that will convincingly identify the best legal minds in the country to join the judiciary.”
There is enough good legal minds in the judiciary. Somehow they are not using theirs. Their preoccupation in many cases is with pleasing their political masters and less with the administration of justice. There should be security of tenure to ensure that judges are unafraid of executive interference in the legal process, of losing their jobs and their pension.
“Therefore, the Government proposes a change to make the process of nominating, appointing and promoting judges more transparent and representative.”
This is house keeping. It is just one issue. Another smokescreen.
“I am pleased to announce to you tonight that the Government is proposing the setting up of a Judicial Appointments Commission to identify and recommend candidates for the judiciary to the Prime Minister.”
“Government will initiate a review of the judiciary’s terms of service and remuneration. There is a pressing need to set salaries..”
“Therefore, the Government would like to recognise the contributions of these six judges to the nation, their commitment towards upholding justice and to acknowledge the pain and loss they have endured…”
“In recognition of the contributions of the six outstanding judges, the Government has decided to make goodwill ex gratia payments to them.”
You’re missing the point again Mr. Prime Minister!
It is not about financial compensation to those affected. They can do without the money. It is to protect their legacy Mr. Prime Minister. It is to find out, in the interes to justice, who played what role and about reinstating the constitutional provisions which helped hastened their removal.
It is about justice.
It is about bills not given their proper reading and discussion in Parliament like Article 121 (1A) and a host of other issues.
It is about the quadruple and other jumps of a chief judge-in-waiting – be it fully clothed or in his underwear! We want him stripped of his title.
#33 by Godfather on Friday, 18 April 2008 - 9:22 am
Zaki’s “crime” was not really in being caught with only his underwear on. His real crime was being an UMNO lawyer, and being appointed there by Badawi with no regard for meritocracy.
Badawi’s speech sounded like a “compromise” between the hardline faction of UMNO and the liberal faction of UMNO. The net result is nothing gets done.
If I were Salleh Abas, I would throw the ex-gratia payment in the face of this administration. No apology, no royal commission of inquiry – who is to say it won’t happen again ?
#34 by PSM on Friday, 18 April 2008 - 10:04 am
Pak Lah,
Yes, try to pay them off! Yes, that is what UMNO does best! Money Politics!
By the way, there was no Apology given!
Show that you mean what you say…start with sending Uthayakumar for proper Medical Treatment, then release ALL ISA Detainees (or charge them in court) & then approve the Licence for that Tamil Language Newspaper.
Then “maybe” we will believe you!
#35 by MY VIEW on Friday, 18 April 2008 - 10:35 am
Godfather, if I am Salleh Abas, I would keep the money ( more than rm1mil) and thank the PM for pushing the Judicial reforms through. If you want a royal commission of inquiry, the rakyat have to continue to pressure the government. The apology have tocome from Mahathiu as he is the cause of the judicial crisis. He is the one who sacked Salleh Abas. Unlike the present PM who is more liberal, Mahathiu was very powerful then and a dictator indeed.
#36 by Godfather on Friday, 18 April 2008 - 11:35 am
Mahathir wasn’t alone in creating the judicial crisis of 1988. He had support from the AG, and from certain judges. We need to figure out who and why. The paramount objective is to ensure that this does not recur – and typical of UMNO, they think that making a one-off payment is good enough to rectify the problem.
Does the payment bring trust back to the judiciary ? Is the one-time UMNO lawyer destined for the highest post in the judiciary ?
#37 by Godfather on Friday, 18 April 2008 - 4:03 pm
Now Najib was quoted as saying that the proposed Judicial Commission on the appointment and promotion of judges will be subject to the PM having the final say. What a joke. You call this reform ?
And to rub salt into the wounds of the victims of the 1988 crisis, Najib was also quoted as saying that, lest there by any doubt, the ex-gratia payments do not constitute an apology by the government.
Najib, we know that there is no apology, and we know there is no reform. How many times do you think you can hoodwink us ?
#38 by dennyboy on Friday, 18 April 2008 - 9:39 pm
Please do not forget about the judicial farce that was the Kuala Lumpur War Crimes Tribunal, which wasn’t too long ago! Held under the auspices of a certain Leadership Foundation, I recall. Seen to be biased right from the word go.
Yes, it was Malaysia Boleh indeed. Tried to show the world what first class judicial prowess Bolehland had.
Funny that the Leadership Foundation wasn’t so zealous about the many human rights abuses that took place in its own backyard…