KUALA LUMPUR, June 19 — It is back to the drawing board for the Judicial Appointments Commission after Cabinet ministers yesterday disagreed with the composition of the body and voiced concerns over the possible dilution of the prime minister’s powers.
The Malaysian Insider understands that the Umno ministers were not in favour of the proposed composition of the commission, citing the presence of former judges or lawyers. They also believed that the commission as proposed could result in the powers of the prime minister to appoint and promote judges being usurped.
"The sentiment was that Umno members could not accept the Judicial Commission in the form that was presented to the Cabinet. They support the need for a commission but want Zaid to re-look the commission proposal and come up with some changes," said a government official, referring to Datuk Zaid Ibrahim, the country’s de facto law minister.
The government was hoping to table a Bill on the commission during the next session of Parliament which begins on Monday.
Under the plan put forward, the commission would consist of 13 members. After deliberations, they would offer the PM a list of candidates for appointment to the Bench. This is a marked change from the current system where the list of candidates is drawn up by the chief justice.
As the Royal Commission on the V.K. Lingam video clip revealed, the current system of appointing judges can be manipulated and abused, allowing power brokers outside the judiciary to influence the CJ and pull the strings on the choice of candidates elevated to the Bench.
Judicial reform is a key area of concern for Prime Minister Datuk Seri Abdullah Ahmad Badawi. He has pledged to improve the courts system, restore public confidence in the judiciary and respect the principle of separation of powers during his second term as prime minister.
But there has always been a nagging feeling that not many of his Umno colleagues are on the same page with him on judicial reform. They fear that the setting up of a Judicial Appointments Commission will eventually lead to the loss of Malay control over a key institution.
They have argued that as long as the selection of candidates to the Bench is in the hands of the CJ – traditionally a Malay – there was no chance of top posts in the judiciary falling into the hands of a non-Malay.
But that equation could change drastically if the Judicial Appointments Commission comprised a significant number of non-Malays. Umno ministers and politicians have also been lukewarm about judicial reform because it is not an issue that has much traction on the ground with the rank-and-file.
As far as branch and division officials are concerned, any move to alter the status quo in the country is a threat to the party’s supremacy and Malay political power. Everything is seen as a zero sum game.
Still, government officials told The Malaysian Insider that they are confident that the judicial commission will be approved by the Cabinet once the framework is re-worked. "There are concerns by some people and these concerns need to be addressed before the commission is set up. This is a consultative process," said the government official, who requested anonymity because he is not authorised to be speak on Cabinet matters.
Abdullah’s reform agenda and his commitment to overhaul the way things are done in Malaysia has been his biggest selling point since limping to power in Election 2008. He will be on the back foot if the commission approved by the Cabinet turns out to be nothing more than a glorified committee of civil servants.
source: The Malaysian Insider
1 comment:
There is a difference between UMNO and Barisan Nasional. I want to make it clear that it is not the Barisan Nasional (BN) government, but the UMNO government. It is not the government, but UMNO. Barisan Nasional is a coalition of unequals, not equals. UMNO is the big brother in BN. Therefore UMNO must be held responsible; and more importantly, UMNO must not be allowed to hide behind the BN banner. UMNO is the enemy, not BN.
I have come to the conclusion that the easy solution is to completely defeat UMNO in the next elections.
In the 2004 elections (11th General Election), the voters gave good support to Mr.Abdullah Badawi. But reforms did not come. Why? Probably because UMNO had done well in the elections. If UMNO had done well in the elections, then the election results tell UMNO that the voters are satisfied with the status quo. If the voters are satisfied with UMNO, then no reforms are necessary. In the 2008 elections (12th General Elections), UMNO did not do well, but she managed to win. UMNO did lose the 2/3 majority in the Parliament, but she did win, nevertheless. Will UMNO undertake reforms now? I would not be surprised if she did not. Why should she? UMNO is still the winner in the elections; and she can plan to rise and may even succeed to rise again. So, as long as she wins, she will never undertake the reforms. So, how do the voters get the reforms that they need? The voters will get the reforms when UMNO is completely defeated in the 13th General Elections. If UMNO wins zero seats in the next elections (13th General Elections), then some other party would have to rule Malaysia. Let us call it Party B. If UMNO is completely defeated in the next elections (13th General Elections), then Party B would rule Malaysia. Would Party B undertake reforms? If Party B does not undertake reforms, then voters would know what to do.
There is no doubt that UMNO has used gerrymandering to strengthen herself. If we removed gerrymandering from UMNO, then there would be a reduced UMNO. So the non-UMNO voters of Malaysia have good reasons to vote against UMNO.
It is possible that UMNO has used the Police Force to strengthen herself. The Police Force is required to be neutral. But is the Police Force neutral? I appeal to the Police Force to be neutral.
UMNO is a race based political party and also the big brother of BN. So, the complete defeat of UMNO in the next elections is the only way to get reforms. The complete defeat of UMNO in the next elections is the only way to get a new beginning.
UMNO is inclined to believe that Malaysians cannot do anything if they are in any way dissatisfied. The voters, however, have to send a strong message to UMNO that the voters can do something: the voters can vote.
So, the next step for Malaysians is to completely defeat UMNO in the next elections.
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