Will Corruption Amnesty Work? [Part-2: Proposals]

This is Part 2 of the article entitled, ‘Will Corruption Amnesty Work?’ You’ll find part 1 here. We saw, in Part-1, how if we sack every corrupt person, we’d lose a substantial number of people in enforcement agencies, local governments, courts, and the Government. This is because corruption in Malaysia is deep-seated. So what? Corruption and State Capture Corruptions infects and emaciates a nation, its institutions and its people. It kills a just and efficient ...

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Will corruption amnesty work? [Part-1: Analysing the Problem]

Do you think corruption amnesty will work in Malaysia? Is it the right way to tackle endemic corruption? Analyse the problem. A question for your conscience Corruption is the abuse of public office for private gain – both pecuniary and otherwise. What if we gave every corrupt person a chance to come clean within 6 months? Only if they don’t admit their crime should we put them – and those who enjoyed the fruits of their ...

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Could we eliminate electoral fraud by improving election laws?

Could we eliminate electoral fraud by improving election laws? An election petition is a difficult thing. The law has ring-fenced it with several impenetrable technical rules.  Combating electoral corruption under the current, antiquated laws is impossible. After the results of the 13th General elections results were announced on 5 March 2013, I was asked, with a dozen others, to file election petitions for 22 constituencies in Perak. The petitions alleged that the winners ...

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Adakah perlu peguam negara merupakan seorang melayu atau muslim? Adakah beliau harus memberi nasihat berkenaan undang-undang syariah?

Artikel asal oleh: GK Ganesan Kasinathan; Penyunting: KN Geetha Terjemahan oleh  Alumni Fakulti Undang-Undang, UKM:- Nur Fazreen Khalid, Nur Aimi Binti Che Soh Malathi Mohan Wan Aimi Shamimi Binti Abdullah Vrnda Sre  Nagindera Rao Cadangan pelantikan Peguam Negara yang baru telah menimbulkan kekeliruan dan salah tafsir di kalangan masyarakat khususnya mengenai peruntukkannya dalam Perlembagaan Persekutuan. Kita harus mengenalpasti isu yang dipertikaikan. Wujud perdebatan di kalangan rakyat mengenai siapa yang layak menjadi Peguam Negara selaras dengan peruntukan dalam Perlembagaan ...

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Is the ex-Chief Justice right? Should the AG be appointed from the Judicial & Legal Services?

In an article entitled, ‘Is the new AG choosing his briefs like a private lawyer? [26 June 2018]’ the ex-Chief Justice, Tun Abdul Hamid Mohamed, suggests that the current Attorney General is unsuited to his job. He says, ‘When Thomas accepted the post of Attorney General, like it or not, by law, [he] is also the public prosecutor. He cannot say he only wants to be Attorney General but not a public ...

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The tale behind these Constitutional essays

You have seen the articles emerging from this blog since 09 May 2018 — or ‘5-0-9’ as I called the GE14 (the date of May 09th, 2018). There is a story behind these articles. Their production and timing were wholly accidental. In the years to come the people may become quiescent.  They may, once again, feel re-assured behind their closed doors. But these issues filled the night of 5-0-9, like night-tracer shells from artillery.  ...

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Does The AG Need To Be A Malay Or A Muslim? Does He Have To Advise On Syariah Law?

The nation is trundling towards a calamitous constitutional misunderstanding.  Someone has to do something about it and set matters straight. Let us identify what is happening. A debate has begun to rage.  It concerns the identity of the person who should be the next Attorney General.  It is about constitutional provisions regarding what characteristics the Attorney General should have—and whether the current nominee, Mr. Tommy Thomas has them. Two conflicting ideas At the heart ...

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Reconsider status, role and appointment of Attorney General – Amend the Constitution!

The provisions of the Malaysian Federal Constitution - which regulate the powers of the AG  are in a mess. Urgent reform is imperative. The starting point in understanding this mess is Article 145 of the Federal Constitution. Under Article 145(1) the King ‘shall on the advise of the PM' appoint a person who is qualified to be a judge of the Federal Court to be the AG. It is the AG’s duty to advise the ...

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