How should we choose our civil servants? Who chooses them? What are the criteria to be employed? How should they be fired? Should not civil society and Parliament have a role to play? Should not the public be consulted?
Read More
Blog , English , For Lawyers
The MACC quandary: Should stakeholders be consulted before public officials are appointed?
A great public uproar accompanied the sudden appointment of the MACC Chief. Behind the clamour lurks a Kraken of colossal importance: Should all national stakeholders have a say in the appointment of senior public servants? This is an educational moment. What will we do with it?
Read More
What is the 'International Convention on the Elimination of All Forms of Racial Discrimination' (‘ICERD’)? Does it prejudice Malay Rights entrenched in Article 153 of our Constitution? What should Malaysia do? Ratify it, or denounce it? How have other Muslim countries dealt with it? Read on.
Read More
Can Senators be fired? The answer is Yes, and, No. The ‘No’ comes from those who say that the security of tenure of a Senator is unimpeachable. They point to Article 45 (3) of the Federal Constitution, which states that: - ‘… the term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.’ A Senator may be appointed twice, making ...
Read More
What happens when judges, bending like reeds in the wind, carry out the biddings of their political masters? Something extraordinary has to be done. Corrupt judges, past and present, ought to be publicly impeached. Can it be done? How?
Read More
Someone asked me last week, ‘What did Karpal do for us? What did Lim Kit Siang?’ I blinked. I thought I didn’t hear it right. What did they do? The guy who asked was young. Too young. I attempted an answer and unaccountably slipped into melancholy. I began by saying... These men fought a long-drawn out battle against an implacable enemy—entrenched racism. They fought for the rule of law. They argued that the ...
Read More
In the last few weeks we have been hearing the phrase ‘the Rule of Law’. It is time to examine this and another related concept, the ‘Separation of Powers’. If we do, we will encourage our nation rulers to work better, work more effectively, and work to produce justice. Rule of Law The concept of Rule of Law is easy to understand. You needn't be a lawyer to know what it is: you can ...
Read More
Is every vote of equal strength? Does every vote, cast at any part of the nation, possess the same effect? Let’s use the 2018 General Elections (GE-14) as an example. The Kapar parliamentary constituency [P109] represents one seat in parliament. The Putrajaya constituency [P125] also represents one seat. What is the difference? Kapar had, in GE-14, 124,983 voters. Putrajaya had 27,314 voters. So, comparing apple-to-apple, for a single parliamentary seat, Kapar had 4.6 times ...
Read More
A recent spate of social media messages argue that the former prime minister Najib enjoys absolute immunity from criminal sanction. The messages refer to an article by Mr Charles Hector, entitled: ‘Najib – Cannot be charged for crimes as a public servant until law is changed?’ Now, did Charles say the former PM was immune from any criminal prosecution? In 2016, Tun Mahathir sued Najib. Mahathir alleged that there had been ...
Read More
The Malaysian Judiciary has languished in darkness for four decades. Have we squandered the golden opportunity to reform it? Are we back to square one? Bringing in new judges won't cut it. Making the courts the more efficient won't help. All that was done: all that did not help. Something else is needed. What should we do to make our Judiciary one of the very ...
Read More