'M'sia is Zimbabwe by another name'
Hazlan Zakaria | Dec 20, 09 1:32pm
Without mincing his words, political analyst Abdul Aziz Bari likened those who hold the reins of power in Malaysia to a bunch of 'thugs'.
According to him, these individuals do as they please without proper regard for the law of the land and the percepts laid down in the federal constitution.
"We are like Zimbabwe, just with another name!" stressed the law expert.
Zimbabwe under President Robert Mugabe has earned international infamy over it's questionable policies and use of the legal system and laws to prop up the government.
Elaborating, Abdul Aziz said: "I don't know how else to call them, sometimes we need to call a spade, a spade. What we have is a state of lawlessness, it's like the law of the jungle."
He pointed to the recent overturning of the high court decision regarding the Malaysian Anti Corruption Agency's (MACC) right to interrogate beyond office hours as a glaring example.
"It is painful to hear the court of appeal decision. They are using the provision to overrule the high court, saying it is silent on the matter," he told Malaysiakini.
'Judiciary takes its cue from government'
According to the UIA law professor, the court of appeal's recent decision "is a lame decision and in itself a failure to carry out the court's role, namely to fill the gap left by parliament in the statute."
Abdul Aziz is adamant that "the high court decision is to be preferred as it is closer to justice and the spirit of the constitution."
"It is for the court to fill the gap by making a decision that is closer to fairness and justice," he added, though he bemoaned that in Malaysia, "the judiciary takes its cue from the government."
"When you have a judiciary like what we have, what can we do? In normal circumstances you go to court to compel the parties who refuse to do its legal duty to do it. But not in our case," he said.
What is worse, according to Abdul Aziz, Barisan Nasional is "undermining or simply could not care less about the constitution."
"BN has demonstrated complete disregard for the rule of law and supremacy of the constitution, either the letter or the spirit of it," he said.
Abdul Aziz contends that the Reid Commission's original intent was to propagate federalism, this he said permeates through the entirety of the constitution with the express delineation of powers to the state and the federal government.
On a micro scale, he added, this framework of federalism included the issue of the petroleum royalties and funding for states.
Umno warlords stumbling block to change
Abdul Aziz believes that the BN government is clearly going against the constitution when it set up the JPP (Federal Development Department) which is ultra vires of the defined rights of the states.
He explained that the state has rights to certain grants and funding the federal government sans such 'intermediaries'.
The use of the Emergency Ordinance to define territorial waters in the Kelantan oil royalty issue, he said, is another example of the BN government’s disregard for the law.
"Why not refer to the Petroleum Act or the Law of The Sea?" he asked.
In a similar vein, he also criticised the federal government's 'play acting' in making much ado when giving assistance and aid during natural disasters to opposition held states,
"Why the furore, it is their duty anyway, as described in the constitution," he said.
According to Abdul Aziz, this rot of lawlessness goes right down to BN’s core which is Umno.
He is of the opinion that the Umno warlords cannot be reformed and as long as they exists, Umno cannot be reformed.
"They simply don't want to do it," he said.
NO WONDER MAHATHIR IS GOOD FRIEND OF MUGABE - NO DOUBT ABOUT IT - THAT GOES WITHOUT SAYING - THEY'VE BEEN IN CLOSE ASSOCIATION THUS FAR - BIRDS OF A FEATHER!
by magnus - 16 minutes ago
Syabas! But if we are talking about spades here, let’s also say that it is more than painful for us who respect the Law and the ideal of Justice legal principles seek to serve for humanity as a whole to see that respected church of reason being twisted and maligned into an asinine laughing stock there. A Constitution, like a mission statement, is always silent on minutiae for it is always about the BIG human stuff, the stuff that brings individuals together and makes them labour hard to give birth to a united, interdependent sovereign people and independent nation. The filler minutiae is expected to be interpreted correctly by those learned bigwigs sitting on those key operational rule of law Benches. We say if you pay peanuts always, you’ll get monkeys to ruin your business. So if you put spineless, unprincipled folk on those Benches, you’ll get kangaroo courts that turn your Law into an untrustworthy Ass and ruin Justice for all. It's what we call the Law of Action & Reaction.
by SameSame - 14 minutes ago
Hey AR, you must be an UMNO as with 5 credits you got full scholarship!! There are smarter people than you who didnt get any scholarship! He (Abdul Aziz) is correct in saying that as long UMNO is on rule they will never change! Self-centered and power mongering is what UMNO stands for. Arrogant too I must add.
by AR - 40 minutes ago
This guy is probably a PKR stooge. There is no denying the fact NEP has helped numerous Malays to uplift themselves and credit should be given to UMNO for implementing that policy. I myself would have never had the opportunity to get a university degree if NEP was not there to assist me. I just obtained 5 credits in SPM but luckily for me, I was provided a full government scholarship for a business degree in the US. I was shut out of many local institutions because I did not get a credit in Bahasa Malaysia. I am a government officer now and I fully support the notion of Malay supremacy. Many of my colleagues share the same view. I will make sure NEP will be there for my kids, they will have the same opportunities i did. I don't really care about Chinese and Indians. The Chinese will always make money by cheating people with their disingenuous business practices and the Indians, ah well who cares. Everyone knows their place in this country if not, remember May 13.
by Shankar - 2 hours ago
Mahathir probably brought it in. Mugabe is his good friend. I have been saying this on many of my post. Thanks for the re-discovery.
by charles chia kwang dong - 3 hours ago
Bet you just wait and see when our oil and gas depleted and no more easy money to steal and UMNO losing its grip on the nation power like LDL (Japan) then all will see the real colour of UMNO warlords. Perhaps, we are not there yet but i am sure Malaysia will slowly but surely becoming like Zimbabwe or worse.
by cala - 3 hours ago
wira. Well said. If an appelate court keeps sending down its judgement not in accordance with the spirit of common sense and fairplay, then what use is it in the judiciary system? Put it in another way, as someone in this forum has argued, we may as well do away with the high courts since they often find themselves at loggerheads with the appellate court. What one sees is the erosion of public confidence in our judiciary institution.
by Lee Heng Soon - 4 hours ago
We have to accept that people are different and see thing differently. Similarly we have bloggers that think differently from us. Some people are borned criminals and some people are borned just. Statistically nature always produces living things that will result in a bell-shaped phenomenal. As a Chinese saying goes: When a scholar meets a soldier, he cannot be engaged in reasons with you. The moral is the soldier is just not bright enough to understand the issue because what he has is brute force not intelligence. We have some soldiers amongst us.
by PAK UBU - 4 hours ago
Abdul Aziz Bari is part of Malaysian academia. He's a law professor at UIA. But every time he makes a public statement it comes across as clear, cogent and courageous. Aziz Bari tells it like it is. And his is a sharp legal mind that cuts through all the layers of styrofoam filler that passes for substance amongst many would-be Malaysian intellectuals, especially the ones aligned with Umno. Thank heaven we have such a bold and brilliant man in our midst whose voices dispels darkness and doubt, and whose very words transmute fear and frustration into collective outrage and indignation.
by DC - 5 hours ago
....AND MAHATHIR IS ROBERT MUGAMBEEE BY ANOTHER NAME.
by P.Dev Anand Pillai - 27 minutes ago
This is the kind of mettle that Malay intellectuals should be made of. Here is a University professor who does not minus his words, unlike some who form the backroom puppeteers for the BTN programme which is nothing but state organised indoctrination. If you lead a nation to aquire knowledge, you will never need to indoctrinate to get support. By your actions and deeds, the people will throw their support for the cause that you uphold. What the learned professor says is nothing but the truth, that is why it is so hard to accept.We need a revolution, a revolution that will stop this rot and start afresh, we trusted the judges and they have failed us miserably, so it is now in the hands of the people. We must make this change.
by moontime - 41 minutes ago
Well said Prof! We are indeed similar to Zimbabwe except that there's no runaway inflation/mass starvation/genocide. We have two sets of people in Malaysia: One group seeks progress and their motto is Keep Moving Forward. The other prefers to maintain the status quo and their motto is: Why rock the boat? We have seen time and again how BN manipulated the Appeals court in their favour so that things remain as they are. Face the truth BN! You're afraid of change. Remember the quote by the Joker in The Dark Knight movie? "This is what happens when an unstoppable force meets an immovable object". You are the immovable object and one day the unstoppable force will overrun you. Pakatan Rakyat WILL one day take over the Federal Government. It's not a matter of "if" but "when."
by cheers - an hour ago
UMNO polticians like to compare m'sia with Ghana (Africa) because Ghana gained independence around the same time like m'sia and always claim m'sia performed better. However, they never ever mention Zimbabwe. Is Zimbabwe better than m'sia or "serupa jer"? UMNO-BN always like to benchmark m'sia against african countries. This is called inferiority complex or fake justification for commiting crime! haha
by wira - 2 hours ago
The appellate court usually does not overrule the judgment of the high court on the point of facts. So if an overrule is allowed, it is usually done on a technical point, inconsistency to past rulings or inconsistency to a higher law, eg. the constitution. Nowadays, the appellate court is making its own weird interpretations of the law to appease the ruling party and these interpretations form the basis of future references which deviate from earlier intentions of the legislature and the common law. Most importantly, they are against common sense and fair play. The longer this goes on, the more corrupt our judicial system will be. We need to get rid of BN to stop this rot !
by X'roy - 3 hours ago
A classic comment, just as what I have said, the integrity of this nation has been compromised by a Prime Minister who refuses to clear his name on allegations that he was either, directly or indirectly involved it the murder of Altantuya Shaaribu. Pieces of evidence including an alleged sms from him to the Razak Baginda involving the case have surfaced without the PM making any effort to clear his name. Tun Mahathir Mohammed refuses to bring that into play, Najib is a convenient PM for him he can use Najib to do what he wants and Najib has no option but to allow him to dictate the game plan. yes these are a bunch of hoodlums with scant regard for the law or the constitution. The PM himself is now nothing but a lame duck, as far as anyone who knows his connections in the case, and that includes, the AG, Police Chief, MACC and the judiciary, now does that explain why we are worse then Zimbabwe?
by kgan - 4 hours ago
I wonder if the Umno judges are aware that every time they come out with a kangaroo judgement for Umno, they whack the credibility of the BN govt hard and turn more fence-sitters away from BN? The next election will be won by fence-sitters as only 6% swing will enable either side to win. Hey, you can't have your cake and eat it too!
by Nicholas Lim Ming Xhin - 5 hours ago
And Abdul Aziz Bari hits the nail on the head once again. First with PAS, now with UMNO. I am impressed. BN supporters will regret the day Malaysia turn into a Zimbabwe where laws and regulations are used to coerce the population and protect the interests of the elites. Specifically speaking towards Chinese and Indian and Sabahan and Sarawakian BN supporters. UMNO is the root cause of racism and corruption in the country, which has unfortunately infected the whole country after 52 years of UMNO's grip on power. UMNO trying to reform (via its NKRA initiative) is a laudable move but laughable in the face of government inaction against its own warlords and racial supremacists. If the BN supporters truly love Malaysia and truly love the multi-cultural coalition called Barisan Nasional, then it is in everyone's best interest that BN is ousted from federal power in the next elections. This will give room and space for reformers to push out the warlords and reform UMNO and reform BN. Agree?
by Multi Racial - 5 hours ago
Abdul Aziz, I salute you for having the courage to speak up. In Malaysia, we have many smart people but most use it to take care of themselves but not the country. Malaysia needs more like yourself to speak out to general public. Majority were "blinded" especially when the government control media only disseminate government agenda. The conduct of court of appeal is over turning so many high court decision lately have brought shame to the country. There are only a few brave judges who willing to do the right things right. I am sure there are also many in the government services are unhappy with the works of their colleagues especially those corrupted colleagues. Do sometime about it. Expose them. This country needs good people to take the lead.
by Nicholas Lim Ming Xhin - 5 hours ago
"Never mind BN will rule, you all are jealous" - Fair. Yes we are jealous that they have so much ill-gotten wealth, who wouldn't? You are so funny lar. Malaysia is what it is because of the hard work and tolerance of its population, not due to the kindness of UMNO and certainly not due to the hardwork of the UMNOPutras! Or MCAPutras if what happened to Tekala and Transmile or MICPutas if what happened to MAIKA is any indication. But what do I know? It is all thanks to the hardwork, sacrifice, industriousness, entrepreneurial skills of the BNPutras that Malaysia is so great! Thank you Barisan Nasional. Lawlessness says Fair? Were you even living in Kuala Lumpur on May 13 1969? Did you see the cow head demonstration and the subsequent lawlessness in the Shah Alam town hall meeting? Whatever happened to N9 MB RM10 million wire transfer overseas? Yes BN is so full of law abiding citizens.
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