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Confirmed: Judiciary not independent September 24, 2007

Posted by elizabethwong in "We can do better", Current Affairs, Democracy, Huh?!, Human Rights, International, Malaysia, Note2Self, Politics, Southeast Asia.

This is a most telling statement to date.

In the past, at least the government puts up a facade and employs politically-correct language to soothe one’s apprehension over the state of democracy and the independence of the judiciary.

Today, it has been affirmed that the three fundamental pillars of a democratic society – the Executive, the Legislative and the Judiciary – are not independent.

Today’s statement, as reported by Malaysiakini, by Minister in the Prime Minister’s Department should shock everyone.

“I am his minister. I am the minister in charge of legal affairs. ”
On why Ahmad Fairuz (the Chief Justice) has been evading the media, Nazri said it was because the former is not answerable to the press.

I’m going through all the politically sensitive cases now, the most glaring being the trial of former deputy Prime Minister Anwar Ibrahim in 1998-99, condemn by all and sundry as a ‘kangaroo’ trial.

We find that even back in 1789 after the French Revolution, the French Declaration of the Rights of Man and Citizen had this concept:- “Any society in which rights are not guaranteed, or in which the separation of powers is not defined, has no constitution.” (Article 16).

About a hundred years on, Lord Acton wrote this much-loved line:-
“Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” (3 April 1887 in an letter to the Bishop of London, Mandell Creighton).

Then about another century forward in 1988, Malaysia saw the complete dismantling of the independence of the judiciary.

And what we learnt today is:-
The Chief Justice is answerable to the Minister in the Prime Minister’s Department = Prime Minister.

Think no further.
Be brave.



1. whispering9 - September 24, 2007

Should someone considers matching dressed as a muchroom, oops sorry…as a toadstool, seeing there are so many late afternoon showers and they sprouting out of control again? Yes…be brave. Go move your pieces and play that chess to win.

2. yh - September 24, 2007

the judiciary is done with. the cops, ACA and the powers-that-be are in cohoots in a parasitic nexus.
tell this to the kampung folks who are in all probability ignorant of these critical national issues. give them some goodies and all will be fine. now you know why the pork barrel has started with the headline news by NAJIB of giving more dough to the FELDA settlers backdated from July 2007.
Funny isnt it. funding comes from their corrupt activities of which part will be used for pork barrelling. of course, the major part will be kept by them to finance their lifestyle with mansions in london and australia ( some of their lucky wifes can even afford to charter a flight to europe purely for shopping). and these funds come from poor taxpayers like you and me. each election, they get elected back to power and the whole corrupt cycle continues. guess, the large part o the electorate is either dumbasses or masochists ( always ready to be abused).
sigh, this is Malaysia.

3. jtayooi - September 24, 2007

I regret to suggest that the De facto Law Minister is ignorant of the
Malaysian Constitutional Law. By implying that the CJ has to report
to him is totally unacceptable and thereby also imply that the
Judiciary is not Indepedent. Under the constitution it is clearly
stated that democracy in Malaysia consist of three separate and
independent pillars, namely, Legislative, Executive and Judiciary. The CJ is a peer among equal of all the Judges and whereas in the
Executive the PM is a peer among the ministers. According to status
the CJ have the same status as the PM and being Independent the
CJ does not have to answer to the PM nor any minister in question.
The Cj is answerable to the Rakyat.
Please correct me if I am wrong but I am sure that my facts are
correct only that I am unable to quote under what section of the Constitution. However if anyone cares to refresh just go on and read
Justice George Seah’s memoirs and you can find it stated clearly.
Do not tell me that the learned Judge erred again. If he is correct
than respectfully ask the Minister Nazri to keep quiet instead of
making a fool of himself.

4. wits0 - September 24, 2007

“This is a most telling statement to date.”

It is.

The most significant and crystal clear insight into the psyche of the Governance. Why won’t he similarly follow up and say that the Legislature is not answerable to the people?

5. Harrison Bin Hansome - September 24, 2007

I do share your earnest enthusiasm-ACT. Yes, the lawyers’ had decided to call a peachful marching, a trivial replicate of thier counterpart in Pakistan in protesting the sacking of a top judge dissenter thereof resulted in his re-instatement.

Trust me, the outcome of the so-called “Lingam(tape)gate” scandal will soon loose it’s sex-appeal as the altantuya’s murder trial when another shocking-sham predates us.

In this ‘Bolehland’, you will love the word ‘justice’ if you are at the ‘right’ turf.

6. V T - September 24, 2007

This country has been hijacked by a band of crooks and thieves know as the coailition of rubbish

hidup barisan najis.

7. J.D. Lovrenciear - September 24, 2007

Indeed we are going through some very darkened episodes on our journey of nationhood. Each passing day brings out a lot of muck and the responses we hear turns ones stomach. How long can we continue like this? In the meantime the humble rakyat is cringing under the uncontrolled price rise of all goods. The monthly wages cannot help each family to make ends meet. But who cares. Do we ever hear any concerned voice acknowledge the harsh reality at our wet markets, mamak shops and retail outlets. No! The future looks precarious…When the rakyat have a wide choice of rice to buy ranging from RM10 (which stinks overnight) to RM22 (the so-called fragrant high quality for the rich) — therein lies the basic truth of a society that is grossly mutated.

8. monsterball - September 24, 2007

yh..In response to your above message…it is thick skinned and no shame type of filthy hypocrites we have within UMNO ministers and people holding high ranking positions…totally greedy….and so evidently clear…since TDM took over as premiership.There was no real love for the country and the people…and on going.
They behave as the legimate ruler of Malaysia and reward chosen lucky citizens of their wishes and fancies.
Hopes ran high when Pak Lah took over..and people were expecting arrests ..sacking of few ministers….but he is playing dirty politics as well…to protect his position….showing majority of UMNO may not support TDM anymore…but will also not support PM if he ever sack anyone . Somehow….UMNO Malays are never wrong. I guess they feel they own MALAYSIA.
That’s why Lee Kuan Yew said in his book…
malays are somewhat weird.

9. max - September 25, 2007

I’m wondering if this Minister did his Form 6 in Matriculation. He is surely a product of Rancangan Khas(RK) back in the 1970s. I remembered the RK ppl were sleeping in class most of the time. Where in the world did he get his LLB? UM? USM? Only worth 30%. If there is no NEP, this guy will most probably end up as my driver! Forever sleeping, asking(for money, contracts) and wielding the crooked knife. May ALLAH/GOD damn these corrupt ppl.

10. wits0 - September 25, 2007

Max, he’s one of those inevitable vulgar product of the “Khas-ness” in Bodohland. What you get for creating overflowing privileges and elitism must come around after going round. Part of the Karmic Law of (questionable)Action.

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