TheGr8Debate

TheGr8Debate ...


If the Anwar-Shabery debate was anything to go by, it is apparent that the Government continues to deal with things the way it has always done: by burying its head in the sand.


In his enthusiasm to point us at the global fuel crisis, Shabery Cheek appears to have blinded himself to the obvious flaws in the system the Government created and maintains. I waited in vain for him to cut out Anwar Ibrahim's feet from under him by tactically acknowledging that long standing corruption had left us less capable of dealing with the crisis on hand for having robbed us of the invaluable resources needed for a more gradual and managed dismantling of subsidies.


But then, perhaps I should not single him out for blame. His perspective, that of the "there's nothing wrong with the way we do things" variety, is one that appears to be shared by fellow members of the cabinet. Speaking of the concerns expressed by the US State Department on the current investigations into Anwar Ibrahim, Foreign Minister Datuk Seri Dr Rais Yatim is reported as having defended the application of the Rule of Law in this country.


Dr Rais had indicated that he wished to enter into a debate on the subject with foreign critics. I am very much a Malaysian and do not as such qualify. I am certain however that the Minister will not begrudge me a round or two in the ring with him.


Allow me to start with a few concessions. I concede that there is in place a written constitution that is the supreme law. I also conceded that the primary institutions of a system of administration of justice - the Judiciary, the legal profession and the police force - exist, as do laws that are enacted by elected representatives in legislature. Additionally, I agree that provision is made for the appointment of judges, prosecutors and a host of other officers who man the system. But then, so do Zimbabwe and a number of countries in which the rule of law has collapsed. Burma in fact only recently unveiled a sparkling, bright constitution filled to the brim with the requisite bells and whistles. The point here is that the mere existence of the institutions that make up a system of administration of justice does not in itself give rise to the Rule of Law. That only exists when it can be said with certainty that the system by which justice is administered is one that is competent, of integrity and independent. The Minister might say that we have such a system. His fellow minister, the Home Affairs Minister might say it too. Their views, as relevant as they may be, are not definitive. Neither is that of the Prime Minister, the Foreign Minister, the Home Minister or the de facto Law Minister or the entire cabinet. It would not matter even if they assembled at the top of the Twin Towers along with every other Barisan Nasional member of parliament and proclaimed it to the heavens.

The only relevant point of view is that of the rakyat. As the Minister fully appreciates, a system is only effective if it inspires public confidence. Like justice, public confidence is in part a question of perception. The question is whether the Malaysian system inspires confidence. I think not and the average Malaysian cannot be blamed for thinking it. Through the last decade or so, we have heard from authoritative personalities of the low level of public confidence in the Judiciary. The events that resulted in the Lingam Royal Commission of Enquiry and its damning conclusions and recommendations merely reinforced belief that all was not well in the Judiciary and that something had to be done. The Government has recently acknowledged the need to appoint the best persons for the job and the need for reform to allow for that. Where the police force is concerned, a separate Royal Commission of Enquiry had found that abuses of power and corruption was sufficiently widespread for it to make numerous recommendations including the establishment of an Independent Police Complaints And Misconduct Commission. No significant changes have been made since the recommendations and the IPCMC remains a concept on the proverbial drawing board. No basis for increased confidence there, even if that was possible bearing in mind police actions over the last year or so. The Attorney General's Chambers has not been spared. Questions had been raised of the Attorney General's conduct when he was second chair in the prosecution of Anwar Ibrahim in 1998. The underlying issues were not raised, a matter that the Federal Court had reason to take note of. Since then the issues have come up again, this time as the subject of investigations by the Anti-Corruption Agency. This and recent decisions taken by the Attorney General have raised eyebrows, Malaysians being very aware that like the Inspector General of Police, the Attorney General is dependent on the largesse of the Prime Minister. The public image of these institutions has taken a serious beating, so much so that it would not be unreasonable for the average Malaysian to believe that the entire system needs an overhaul and until that is done the system will not work as it is meant to. With draconian laws such as the Internal Security Act and the Official Secrets Act in active use, it would not take much for one to believe equally that the law is an instrument of the Government and that the Government is above the law. And that, as the Minister undoubtedly appreciates, is Rule By Law. Over to you, Dr Rais...