Judicial Reform Proposal Sufficient?

The following is an excellent analysis of the proposal for judicial reform announced by the PM on 17 April 2008.

The Politics Of Compromise Malik Imtiaz Disquiet - April 19, 2008 ... This setting makes me wonder how to perceive these wonderful promises of judicial reform. I know Zaid Ibrahim and I think he is doing a good job at trying to push for reforms. His efforts strike me as being sincere and aimed more at nation building than politics. If he were the only factor in the mix, I would be heartened and would view the situation optimistically. However, Zaid is not the only factor nor he is the only player. Neither is the Prime Minister, assuming that he is solidly behind the push for reform. There are those on the cabinet who, in many ways, represent the old guard and for that reason alone may choose to oppose any measure involving acknowledgments of wrongdoing, tacit or otherwise. I note the Deputy Prime Minister’s emphatic rejection of the suggestion that the gesture made by the Government to those judges who were victimized in 1988, was not, repeat, not an apology. This refutation is manifestly inconsistent with Prime Minister’s declaration of a need to make amends. This and the presence on the cabinet of other senior UMNO members who may be nervous about crossing Tun Mahathir, who in these politically treacherous times is now openly acknowledged as being the principal cause of the downfall of the Judiciary, hints worryingly at the possibility that the reform proposals may not gain traction. The ex-gratia payment and the speech delivered by the Prime Minister fell short of the full vindication that the affected judges, so well versed in the parceling of fault, are deserving off. The payment and speech go someway to beginning a necessary process of truth and reconciliation not only the victims of 1988 but for the Judiciary and the nation. We must credit Zaid and the Prime Minister for that. Having said that, it must be recognized however that no matter how we characterize the gesture, it in itself does not go far in reforming the Judiciary. Zaid had declared that there were three key aspects to the reform package he was offering Malaysia; the apology, the establishment of a judicial appointments commission and reinstating Article 121(1) of the Federal Constitution to ensure the separation of powers. Of the three, as thing stand, only the first has to an extent become a reality. The Prime Minister’s declaration that the government proposes the establishment of a judicial appointments commission does not quite hit the mark where the second is concerned, in part because it is for the government to take steps and not to propose. His explanation that this will involve some time as the process has to be worked out is not reassuring in light of the split in ranks within the cabinet. The Prime Minister had in 2005 similarly reassured Malaysians that the IPCMC would be established. We have yet to see it, largely due to resistance from within. The establishment of the National Human Rights Commission (SUHAKAM) took some seven years. If that is what is meant when the Prime Minister says that the process will take time, I am not inspired. I do not know whether Malaysia can take another seven years of the Judiciary in its current state. The avoidance of any discussion of Article 121(1) in the speech is similarly worrying. The reinstatement of the article as it was prior to 1988 is a crucial step in re-entrenching the separation of powers and re-establishing the judiciary as a bulwark against totalitarian arbitrariness. The Barisan government has time and time again shown us why Malaysians cannot afford to lose the right to seek judicial review. We are largely where we are because the courts felt themselves unable to intervene or, if permitted, were unwilling. The absence of any reference to this key aspect of the discussion further undermines my belief that the Government will actually take concrete steps forward. Seen from this perspective, it is glaringly evident that the nation is currently caught up in a huge public relations exercise that the Barisan has hinged on the promise of judicial reforms. The public relation campaign does not necessarily of itself lead to the implementation of reforms. It is for this reason that civil society must keep on pressuring the Government to act and to act decisively. The Pakatan Rakyat should consider tabling a private members bill for the establishment of an adequately empowered judicial appointments commission. All possible avenues to create awareness and force accountability must be explored. The battle has not been won, it has just begun. ...more

Judicial reforms to be announced today

In a surprise move, the PM is expected to announce major judicial reforms at a dinner hosted by the Bar Council tonight (17 April 2008). These will include the setting up of a judicial commission for the selection and promotion of judges and the Federal Constitution will be amended to restore the independence of the judiciary. Financial compensation for the sacked judges will be worked out and the PM is also expected to make an apology or expression of regret to the judges who were sacked during the judicial crisis.

The former chief judge Tun Salleh Abas and his three other colleagues in the Supreme Court - Datuk George Seah, Tan Sri Azmi Kamaruddin and Tan Sri Wan Hamzah - are expected to be present when the announcement is made. The two other Supreme Court jurists - the late Tan Sri Wan Sulaiman and the late Tan Sri Eusoffe Abdoolcader - will be represented by their families. Bar Council sources say that opposition leader Wan Azizah Wan Ibrahim and Lim Kit Siang will also attend tonight's event.

Abdullah to unveil judicial reforms today By Leslie Lopez, South-east Asia Correspondent Straits Times - April 17, 2008 Judicial Commission to appoint judges Greater independence for the judiciary Financial compensation to sacked judges Expression of regret by PM Abdullah FIGHTING back stiff opposition from his own Cabinet and administration, Prime Minister Abdullah Ahmad Badawi is set to unveil major reforms to the country's much-maligned judiciary. The reforms will include the setting up of a Judicial Commission that will be responsible for the selection and the promotion of judges. It will also feature changes to the Federal Constitution that will restore greater independence to the judiciary, senior government officials and lawyers said. The reform agenda, which will be announced at a special dinner hosted jointly by the government and the country's Bar Council tonight, will also see Datuk Seri Abdullah make an expression of regret over the 1988 judicial saga that led to the sacking of the country's top judge. The government's effort to make amends to the jurists disgraced by the events in 1988 will also include some form of financial compensation, one senior government official involved in the judicial reform plan told The Straits Times on condition of anonymity. 'The amounts are being worked out,' he said without elaborating. Malaysia's once-robust judiciary was dealt a severe blow when it clashed with former premier Mahathir Mohamad in the late 1980s. That face-off led to the suspension of six Supreme Court judges and the subsequent removal of three of them, including the head of the judiciary at the time, Tun Salleh Abas. The sackings damaged the integrity of the judiciary, which came under fresh attack again 10 years later during the controversial corruption trials of former deputy premier Anwar Ibrahim. Shortly after taking office in November 2003, Datuk Seri Abdullah declared that he would push for reforms in the judiciary. But those efforts were often stymied by his own Cabinet colleagues, who served under Tun Dr Mahathir and were not keen on reforms that could embarrass the former premier, senior government officials and lawyers say. Even the Prime Minister's move to establish a Royal Commission late last year to investigate a damning video-recording that implicated a prominent lawyer allegedly attempting to broker the promotion of judges was privately criticised by senior members of his own ruling United Malays National Organisation Party. But last month's stunning election results, which saw the ruling Barisan Nasional lose its two-thirds majority and control of five states, changed everything, close aides of Datuk Seri Abdullah say. The Prime Minister signalled that judicial reform was his key priority when he appointed prominent lawyer Datuk Zaid Ibrahim to his new Cabinet to push his agenda. Lawyers and government officials credit Datuk Zaid for convincing the government to bring closure to the controversial events in 1988 and to establish a more transparent system of selecting and promoting judges. Under the current practice, the country's Chief Judge recommends candidates to the Prime Minister and in the case of senior judicial appointments, the Chief Judge's recommendation must by approved by the Conference of Rulers. But Datuk Zaid had to fight hard during Cabinet meetings, say senior government officials. There is also some unease among senior judges over Datuk Seri Abdullah's efforts. Still, lawyers say that tonight's event could boost his battered public standing. Sources say that the Prime Minister insisted that the six judges who were disgraced by the events in 1988 be present at the dinner where he will deliver a short address titled Delivering Justice, Renewing Trust. Government officials say that former chief judge Tun Salleh Abas, his three other colleagues in the Supreme Court at the time - Datuk George Seah, Tan Sri Azmi Kamaruddin and Tan Sri Wan Hamzah - have confirmed their attendance. The two other Supreme Court jurists - the late Tan Sri Wan Sulaiman and the late Tan Sri Eusoffe Abdoolcader - will be represented by their families, the government officials say. Bar Council sources say that opposition leader Datin Seri Wan Azizah Wan Ibrahim, who is Datuk Seri Anwar's wife, and Mr Lim Kit Siang of the Democratic Action Party, will also attend tonight's event. 'We hope this will bring closure to the 1988 judicial crisis,' said a senior government official involved in the judicial reform plan. But to some Malaysians it may not be enough. 'An apology or expression of regret would be sweeping everything that happened 20 years ago under the carpet,' said Datuk V. C. George, a former Court of Appeal jurist. 'We need an investigation into the events of 1988 and to expose the conspiracy and its conspirators.' ------------------- Mahathir versus the judges THE 1988 Malaysian constitutional crisis began with a divisive Umno election the year before and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat. The Supreme Court in the years leading up to 1988 had issued several rulings that irritated the government of then premier Mahathir Mohamad (left), who had narrowly won re-election as Umno president in the bitterly fought poll. Among other things, a judge had declared Umno 'an unlawful society' in a case brought by disgruntled losing party members. The last straw for Tun Dr Mahathir came when the Supreme Court ordered the release of prominent opposition leader Karpal Singh from detention under the Internal Security Act. The premier submitted several constitutional amendments to Parliament, divesting the courts of the 'judicial power of the Federation' and giving them only such powers as Parliament might grant them. He also lambasted the judiciary for their interference. Tun Salleh convened a meeting of all 20 judges from the Supreme and High Courts in Kuala Lumpur where they agreed not to publicly reply to Tun Dr Mahathir's criticisms. Instead, they wrote a confidential letter to the King and the Malay rulers, expressing their grievances. The Lord President was subsequently hauled before a tribunal convened by the premier on the grounds of misconduct. Five judges of the Supreme Court who granted him a temporary order against the tribunal were also suspended. The crisis ended with the sacking of Tun Salleh along with two of the five judges.

Anwar claims enough support to form govt

Anwar claims enough support to form govt
The Edge - 15 April 2008

KUALA LUMPUR: Pakatan Rakyat de facto leader Datuk Seri Anwar Ibrahim claimed last night that the coalition now had enough support from Sabah and Sarawak to command a slim majority in Parliament and to take over as the government of the day.

However, he said the coalition was not yet prepared to act on it, as it wanted to be in a stronger position, rather than just having a “slim majority” for the control of government to be “meaningful”.

“We are not in a hurry, but for the first time, we are saying we are ready to govern. My personal view is that we must have a stronger and comfortable majority to do that,” he said.

Speaking to reporters, Anwar said the three component parties of Pakatan Rakyat — PKR, DAP and PAS — needed to form a consensus on who would be prime minister on it forming the government.

Earlier in his speech to a gathering at the Sultan Sulaiman Club in Kampung Baru here, he said the coalition had enough support in Sabah and Sarawak to form the government.

...more

At Kelab Sultan Sulaiman

Videos of the press conference held after the police abruptly stopped Anwar from addressing the crowd of 20,000 at the Kelab Sultan Sulaiman.

Kampung Baru hails 'Ketuanan Rakyat' (Malaysiakini)

Anwar: We have the numbers (Malaysiakini)

Video of Anwar Rally - 14 April 2008

Anwar Returns - Part 1 (mediarakyat)

Links to Part 1-6:

• Part 1
  
• Part 2
  
• Part 3
  
• Part 4
  
• Part 5
  
• Part 6
  

Anwar Rally on 14 April

Massive KL rally marks end of Anwar ban
by Chow Kum Hor
The Straits Times - - 15 April 2008

KUALA LUMPUR - MALAYSIA'S opposition held a massive rally here last night to mark the end of its leader Anwar Ibrahim's five-year ban from holding political office, with him announcing to a cheering crowd his intention to 'take over the government'.

From today, the former deputy prime minister can once again stand for election, bringing him significantly closer towards his long-cherished dream of becoming prime minister.

More than 10,000 people converged at a historic private Malay club in Kampung Baru last night - a reminder to the Barisan Nasional (BN) government about the resurgent opposition which made unprecedented gains in last month's general election.

'We are going to take over the government soon,' Datuk Seri Anwar said during a 40-minute speech.

He said that if the opposition alliance, Pakatan Rakyat, were to succeed in forming the new federal government before he wins an MP post, his wife - now an MP - will become the prime minister.

Pakatan Rakyat is the alliance made up of the Parti Keadilan Rakvat (PKR), Democratic Action Party and Parti Islam SeMalaysia.

It denied the BN its traditional two-thirds majority in Parliament in the March polls and also swept to power in Penang, Kedah, Perak and Selangor states. It also retained control of Kelantan.

At a press conference after the rally, Datuk Seri Anwar drove home his intention to form the next government, a point he hinted at repeatedly in his address.

'I am saying this for the first time. We are ready,' he told reporters.

'Timing is an issue that we have to discuss with the three parties - only when the majority feels comfortable. We have the numbers...we have enough MPs to form the government.'

Last night, he kept emphasising how different races could work and live together, in contrast to the BN's stress on pro-Malay policies.

...more

Lest We Forget: The Anwar Trials 1998

The following videos on the Anwar trials in 1998 will jog the memory of many Malaysians including those who have a tendency to forget.

It may be painful to revisit this dark episode of the country's history but it is important for people to understand why Mahathir must never be allowed to dictate the future of the country again.

Part 3

Part 5

Links to Part 1-7:

• Part 1
  
• Part 2
  
• Part 3
  
• Part 4
  
• Part 5
  
• Part 6
  
• Part 7
  

Lest We Forget: Salleh Abas remembers 1988

The following are private notes taken by Salleh Abas in 1988 after a meeting with Mahathir. The notes were released in 2006 and were made available by Aliran.

In the meeting, Mahathir told the shocked Salleh Abas to resign as Lord President or face a tribunal. Salleh refused to resign. Mahathir then set up a special tribunal which tried Salleh on charges of misconduct and for questioning the constitutional amendments which eroded the powers of the judiciary. Salleh was then sacked.

Two of five supreme court judges who had ruled that the tribunal was convened unconstitutionally were also sacked after being found guilty of misconduct by another tribunal.

When I arrived at the Prime Minister’s Department I was met by a policeman who took me by lift to a waiting room. After waiting for about two or three minutes, I was shown into the Prime Minister’s Office by an officer, whom I did not recognise. There I found YAB Perdana Menteri (then prime minister Mahathir Mohamad) seated at his table with YAB Encik Ghafar Baba, Timbalan Perdana Menteri (then deputy prime minister) and Tan Sri Sallehuddin Mohamed, Ketua Setiausaha Negara (the then chief secretary to the government) seated at the same table opposite the Prime Minister. When I entered the room I gave the Prime Minister and the others my salam very loudly and he replied my salam. (Peace be on You). After I had taken my seat, the Prime Minister told me that he had an unpleasant duty to perform and on being asked what it was, he replied that he had been asked by (the then) DYMM Seri Paduka Baginda Yang Di Pertuan Agong to tell me that I should step down. I then expressed my surprise in an Islamic way saying “Glory to God, who is free from any partnership.” Then I asked him for the reasons and in reply he said that he was not prepared to argue with me, but finally he said the reason was that I had written a letter to DYMM Seri Paduka Baginda Yang Di Pertuan Agong regarding the state of relationship between the Judiciary and the Executive. I told him that I wrote the letter simply because Judges, at a meeting on 25 March 1988, had informed me that they were very concerned about the present situation and asked to express their views through me. YAB Perdana Menteri then said that I made speeches indicating that I am biased and I am not qualified to sit in UMNO cases. I told him that I said nothing of that and the speeches I had made only dealt with the criticisms levelled at the Judiciary. I am not at all biased or bipartisan in political matters. While all this was going on, YAB Encik Ghafar Baba kept his head down while Tan Sri Sallehuddin was writing in a note book, which he was then holding. When finally I said I would not resign, he told me that if I stepped down I would be given everything that I was entitled to. I told him that I was entitled to nothing since I was not yet 60. Obviously, he was surprised when told I was not 60 yet. Finally, he said that if I did not step down he would institute a Judicial Tribunal with a view to removing me. I told him I would not resign because if I did, I could not show my face to anyone and I might as well die. He said that I could see the Agong if I wanted to and he would not stop me from doing so. I told him that I would not be resigning and he could do what he pleased with me, including going ahead with the Tribunal. As there was nothing else to discuss, I finally said “Datuk, I should not waste anybody’s time”, and I shook his hand, also Encil Ghafar Baba’s and Tan Sri Sallehuddin’s. None of these three looked me right in my face and I could detect Encik Ghafar Baba was strangely silent and Tan Sri Sallehuddin only caught me by the side of his eyes but he too appeared to be subdued. The Prime Minister himself, from the beginning to the end, did not even look me in the eye. He was looking down at his table all the time. I left his room and I only saw one policeman outside his room who appeared surprised to see me there. When I went downstairs there was nobody even to see me off and no one called for my driver. I had to go out to look for my driver. My future is tied up with the fate of this country. I come from an unknown family and I have reached the top of my profession. I have no desire to leave until I have reached the age of 65 like my predecessors, except the Sultan of Perak, who vacated the job because of a call of duty to be the Ruler of Perak. I leave my fate to the judgment of Allah and as it is Friday, I wish to quote the Quran, which says, “No misfortune will fall on us except what has been decreed by Allah. He is our protector and in whom the believers should place their trust.” This passage from the Quran struck my heart as I entered the door of the Prime Minister’s Office and it remained with me during the course of our discussion till the end, and to my exit from his room.