Legislative Branch Undermined

Ever since the Linggam case, the Judiciary in Malaysia has been shoved under the public’s scrutiny. Some will point out the demise of the Malaysian Courts System began in the 80s under then Prime Minister Mahathir Mohamad. Why the fuss? Because the Courts are the last bastion and platform for justice and appeal for the people and the final stronghold against the many political and personal agenda of politicians. Where one is wronged, she ought to be able to expect justice being dispense when she approaches the Bench. But with the development and exposure, she can expect her case to loose anytime its against the Government or a big corporation… (Urm… Why am I talking like a socialist?! I’m Tory!)

However, as a independent and sovereign federation of states, we have another institution where her dignity, honour, position, function and position is being compromised by petty bickering, ignorance, arrogance, politicking, self-interests and immaturity of those privileged to be part of: Parlimen (Parliament) and the various Dewan Undangan Negeri (State Legislative Assemblies).

Unity Through Diversity

In this month of May, the number one historical event which shaped Malaysian history happened in 13 May 1969. Racial tensions were so high in West Malaysia, among the Malays, Chinese and Indians, that on that day, innocent and pure blood were shed. A Proclamation of Emergency was pronunced, and is still in effect to today. Instead of being governed by the Cabinet held accountable by an elected Parliament, Malaysia was placed under the administration of the National Action Council under the late Tun Abdul Razak. This Council adviced the Yang Di-Pertuan Agong on the promulgation of Emergency Ordinances and other functions thrusted upon the Crown by Articles 149 and 150 of the Federal Constitution. In fact, these two Articles continue to cast their shadow today. Just so you know, the Proclamation of Emergency can only be revoked by either Parliament or the Yang Di-Pertuan Agong (see Johnson Tan). It cannot end for lapse of time, the Supreme Court then ruled. As off today, the earlier emergencies were never revoked.

In the wake of Malaysia’s river of blood, the National Action Council sought to identify the causes of the tensions and came up with several solutions. The solutions were, namely, the National Pillars (Rukun Negara) and the New Economic Policy (Dasar Ekonomi Baru/DEB) among others. It seems that in today’s political scenario, the Rukun Negara is the least favourite.

What were the causes of the racial tensions? Should we re-examine history and current affairs, nationally and globally, why do racial tensions happen? First and foremost, the reason which stares in our faces is the high level of ignorance we have towards another group. The next reason is the refusal or ignorance to accept a national identity, what is common to Malaysians in our context. Let’s not forget the class-competition and distribution of wealth.

Some ‘experts’ and groups claim and cry that racial tensions are caused because of the “younger generation’s ingrateful behaviour towards contributions of past leaders and for being carried away by progress”. I’m no expert, but I say that the religious and racial tensions are caused by the people who see evil and corruption everywhere but within. Some Malaysians still have the 1957 mentality - good God, it’s not even the 1963 mentality! - and continue to sow the seeds of hatred among the young. Instead of finding and applying new formula which would ensure continuity of this country, this class of society prefers to hold to the 1957 idea that “we own this land, you ought to be grateful we gave you citizenship”.

As we continue to move forward, Malaysia cannot afford to stand on the shoulders of any one race. In fact, since 1957, no race can claim exclusively that they are the reason Malaysia is where she is now: not the Malays neither the Chinese, not the natives of East Malaysia or the ‘immigrants’. 51 years on for Malaya and 45 years on for Malaysia, we are where we are because of our cooperation. Times have changed, being in the past means walking in the reverse.

As for government initiatives, I urge the Government to take measures which would bring all of us forward, not the “one step forward, two steps back” approach we see today. To the media, be more responsible and ethical in presenting news. Keep your opinions in the “Opinions” section, not the ‘News’ section. Politicians, you adapt to today’s silent majority and behave - otherwise say bye-bye to your seats. As a part of Generation Y, I’m offended by the term Pakatan Tsunami. The changes seen in March 8 wasn’t caused by any parties: it was caused by the new generation who are fed-up and tired of nonsesical and historical rhetorics and tactics.

As I conclude this entry, let us remember that the Rukun Negara was formulate for Malaysians. Not for PAS or Semangat 49 or UMNO or just for one exclusive segment of society. Kepercayaan kepada Tuhan, Kesetiaan kepada Raja dan Negara, Keluhuran Perlembagaan, Kedaulatan Undang-Undang and Kesopanan dan Kesusilaan should be in every Malaysian’s soul and mind - irrespective of age, gender, race, religion and creed.

Johnson Tan Han Seng v. Public Prosecutor [1977] 2 MLJ 66

This is a Constitutional Law case decided by the Federal Court referring to Article 150(3), Federal Constitution. You should know that Malaysia is still under a State of Emergency.

The issue have been raised in many constitutional law class - I believe. At least that’s what was implied to us when we took the Constitutional Law I class with Prof. Dr. Shad Saleem Faruqi. On the Internet, one article by a John Lee (Keselamatan dan Kebebasan: Betulkah Kita Merdeka?) and a Wikipedia entry is available on the effect of the decision in Johnson Tan Han Seng.

On Oaths…

If you became a citizen of Malaysia by birth, you would have no idea of the process. I would not be surprised if you do not know the oath that naturalised Malaysians take. As per the First Schedule to the Federal Constitution, it is as follows:-

I………of hereby declare on oath that I absolutely and entirely renounce and abjure all loyalty to any country or State outside the Federation, and I do swear that I will be faithful and bear true allegiance is Majesty the Yang di-Pertuan Agong and be a true, loyal and faithful citizen of the Federation.

If you are among the exceptional nine, when you become the Yang di-Pertuan Agong, the following is your oath of office:

Kami ………………..ibni …………………….. Yang di-Pertuan Agong bagi Malaysia bersumpah dengan malafazkan:
Wallahi; Wabillahi; Watallahi;
maka dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi Malaysia dengan mengikut sebagaimana undang-undang dan Perlembagaan Negeri yang telah disah dan dimasyhurkan dan yang akan disah dan dimasyhurkan di masa hadapan ini. Dan lagi kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memliharakan pada setiap masa Ugama Islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam negeri.

(Part I, Fourth Schedule, Federal Constitution)

When Brotherhoods and Groups are Hijacked..

10. (1)Subject to Clauses (2), (3) and (4) -

(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.

Article 10(1), Federal Constitution

Like many other democracies, [the Federation of] Malaysia protects your right and freedom to associate and form associations. You can apply to join Chambers of Commerce, Welfare and Charity groups, political groups, think tanks and the like. As a student, you can for study and discussion groups with no problem. It can be at McDonald’s, Secret Recipe, the Coffee Bean and Tea Leaves, Perpustakaan Tun Abdul Razak, Perpustakaan Sultan Badlishah, Kolej Perindu, Dataran Cendikia and at other venues. You can also associate yourself with like-minded people and go out and do the things you like: camping with friends at Pulau Perhentian, going shopping at Bukit Bintang, swimming in Ulu Yam and the like. All covered and protected by Article 10. What saddens me is when sororities, fraternities and groups are hijacked by reckless individuals who intend to promote their own personal cause rather than the objective of the group as a whole.

Comments (0)