Khairy Jamaluddin: a Sketch of a Young Man As a Politician

PP3739/12/2006 ISSN 0127 - 5127 / RM4.00 / 2006:Vol.26No.8

Aliran Monthly : Vol.26(8) Page 1 COVER STORY Khairy Jamaluddin: A sketch of a young man as a politician Foreign-schooled, Oxford-educated, journalist, television show producer, and investment banker by Khoo Boo Teik

uring the heady days of 1998–99, many DD apologists for the regime repeatedly asked, DDD ‘Will the real Anwar Ibrahim stand up?’

The question was asked with feigned wonderment as if the possibility of an inconsistent politician had struck the questioner for the first time.

The truth of its answer, though, wasn’t important. The point of the question was to insinuate that ‘DSAI’ (Dat Sri Anwar Ibrahim) was an opportun- ist and to discredit Reformasi for supporting someone of dubious virtue.

Remember that. Now think how Khairy Jamaluddin (KJ) looms as a central, if shadowy, figure in the spat between Tun Dr Mahathir Mohamad (TDM) and Prime Minister Datuk Seri Abdullah Ahmad Khairy: The master manipulator whom Mahathir blames for 4th Floor’s sway over 5th Floor Badawi.

Khairy looms as a central figure in the spat between Mahathir and Abdullah.

Aliran Monthly : Vol.26(8) Page 2 EDITOR'S NOTE

Our cover story focuses on Khairy Jamaluddin, a man of many ‘talents’. But who is the real Khairy? CONTENTS Were he not the premier’s son-in-law, would he have much in common with Abdullah Badawi, wonders Khoo Boo Teik. COVER STORY ••• Khairy Jamaluddin 222 While Khairy hogs the headlines, A J Patrick pays tribute to a towering Malaysian, the late Tan Sri B C Sekhar, who not only advanced research into natu- FEATURES ral rubber but was also extremely concerned about ••• Tan Sri BC Sekhar 888 plantation workers. K George, for his part, points ••• Workers, Know Your Rights! 111111 out that Malaysian workers are often unaware of ••• The Pope And The Legend Of labour law provisions and goes on to enlighten them The Sword 151515 about their basic rights. ••• Buying ‘Goodwill’ – RM4 Billion Meanwhile, the fallout from the Pope’s remarks quot- Worth Of It 212121 ing a medieval emperor continues to be felt. Uri ••• A Season Of Shame For The USA 252525 Avnery asks three questions: Why did the emperor ••• A Man Wronged – Part 2 272727 say those words? Are they true? And why did the Pope quote them? ••• Nazri, Here Are The New Facts 323232 ••• Let The Truth Surface 363636 On a lighter note, Khoo Boo Teik reviews a book on ••• Nazri, Cabinet Not Interested a subject close to our hearts – or rather stomachs: In JusticeJusticeIn 404040 Penang food, one of the few things here we can claim to be world-class! Anil Netto dives into another publication, the Au- REGULARS ditor General’s Report, and discovers that ‘good- ••• LettersLettersLetters 262626 will’ has its price: RM4 billion over four years, to be exact. OTHERSOTHERSOTHERS Wong Soak Koon is troubled by events further afield, ••• Subscription Form 181818 in the United States, where many seem to be willing ••• Book Review 191919 to condone a shameless disregard for due process.

Someone who was on the receiving end of similar shameless disregard was Tun Salleh. We publish the second part of his rebuttal of the charges lev- elled against him. He also lobs new facts for Nazri Aziz to deal with. But P Ramakrishnan, in a damn- Published by ing article, concludes that Nazri and the Cabinet are simply not interested in justice. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, Penang, Malaysia. ALIRANALIRANALIRAN is a Reform Movement dedicated to Tel : (04) 658 5251 Fax : (04) 658 5197 Justice, Freedom & Solidarity and listed on the Email : [email protected] roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.26(8) Page 3 There’s an- Put these together and there’s KJ other KJ: rap- the ‘MyTeam’ manager, the ‘Mat idly rising First Rempit’ patron, the basher of the Son-in-Law, Penang government and, not least, go-getting the ‘Out of the Cage’ columnist for UMNO Youth the New Straits Times. Deputy Presi- dent, and im- Try a different way of seeing posing tower things. Compare KJ with Anwar of power pos- and Mahathir when the latter two sessed of an were just immersing themselves in octopus-like politics. reach of influence. Beside them, KJ looks young, too young to merit a serious evalua- This KJ is the tion as a politician, and too early Raja Petra has done more than anyone else to track ‘boy wonder’ into his career to know just where KJ's comings, goings, doings and undoings protagonist of and how things are going. The Khairy Is it surprising, then, that no one Chronicles whose ‘no holds barred’ UMNO’s tents from the Abdullah camp has producer, Raja Petra Kamarudin asked, or will ask, ‘Will the real (RPK), has done more than any- Naturally KJ and his allies will Khairy stand up?’ one else to track KJ’s comings, go- dispute the point about an obso- ings, doings, and undoings. This lete Malay nationalism. After all, Looking for KJ KJ is the master manipulator UMNO is strong again and many Mahathir blames for ‘4th Floor’s of its keris-waving leaders cling to One supposes that ‘KJ’ himself sway over 5th Floor’. an unfinished agenda. would rather not face that question in public. After all, any un- If RPK or Mahathir is to be be- KJ himself didn’t doubt UMNO’s wanted publicity from the tussle lieved, this image of KJ must be relevance. He shopped around, between PM and TDM could be fearsome to encounter. politically speaking, but rejected costly. Witness the forced sale of PAS and Keadilan. ‘When all his ECM Libra shares and his tear- Yet another image those around me in 1999 ran ful denial of the slur on his pri- away,’ he wrote, he entered ‘the vate affairs. There’s no compelling reason to big tent that is UMNO’. accept just one of these images. A Still, having gone public and politician, as the Chinese say, Five years later, KJ was deputy high-profile, KJ can’t avoid being speaks out of both sides of the chief of the lesser tent of UMNO split into different images, mak- mouth, and in mass politics an Youth in circumstances publicly ing one wish the ‘real KJ’ would aspiring leader seeks to be all related by Abdullah: ‘Hisha- stand up, if only to ease our con- things to all men. muddin says, “The Youth have fusion. decided, I have decided, I want to Yet, this much is already appar- nominate Khairy for Youth There’s KJ as the foreign-schooled, ent of KJ. He seems to represent deputy head, Pak Lah don’t dis- Oxford-educated, journalist, tel- the future; yet his recent politics turb, this is Youth affairs”.’ evision show producer, and in- was stuck with a Malay national- vestment banker. This image of a ism that Mahathir made obsolete In UMNO Youth’s history, KJ’s suave, urbane, corporate-savvy before he retired. KJ is careful to rise was not as spectacular as and liberal KJ is easy, that is, sim- remain in the public eye but his Anwar’s defeat of Suhaimi ple and non-threatening, to be- ways are so self-absorbed he can’t Kamaruddin for the UMNO hold. cut a truly public figure. Youth presidency in 1982, barely

Aliran Monthly : Vol.26(8) Page 4 up and be counted. You took the plunge because you have something to say. Say it. Do it. And never stop fighting until the fight is done. Light the fire.’

Such a homily might more suit- ably have been delivered by an older person. Here it’s part of KJ’s defending his decision to be a politician with no sense of irony: ‘We owe it to this great profession [sic] to make it the career of choice for the best, brightest and most prin- cipled.’ Hishamuddin: The Youth have decided, I have decided... Pak Lah don’t disturb, this is Youth affairs Whereas C.H.E. Det’s essays were original, refreshing and bold, KJ’s a year after Anwar had joined wouldn’t learn the writer’s iden- insights in ‘Out of the Cage’ UMNO. tity. But one encountered a coher- scarcely rise above platitudes: ent Malay worldview and an ar- ‘Politics is not about power, posi- But, by 1982, the ideological im- ticulate young voice of Malay nation or personal wealth. Politics pact, organisational assets and tionalism. The C.H.E. Det essays is a process in which we can make popular standing Anwar had ended a quarter of a century be- a difference to others. Politics is gained from leading ABIM, pro- fore KJ was born. that fire in your belly that makes testing in Baling, languishing in you want to change the world. Kamunting, and heading the anti- A regular reader of ‘Out of the Politics is about the contestation Societies Act movement had made Cage’ will soon notice that KJ’s of ideas.’ him a youth of international column in NST is mostly about KJ prominence. – how he’s grown up in politics, Evidently, one can stay out of the his sponsorship of MyTeam, his cage without thinking outside the KJ in 2004 was still best known as problems with Mahathir, and so box. Abdullah’s son-in-law. No one on. really knew what he stood for Style mesti ada other than a presumed association In his piece on MyTeam, for ex- with his father-in-law’s reformist ample, KJ spoke of feeling To say that ‘Out of the Cage’ re- intentions and election promises. ‘pumped up’ as if ‘I was ordering veals a KJ wrapped up in himself a battalion into war’; scolding is not to take sides in UMNO’s old Stark contrast ‘pea-brained political opportun- or current battles. ists who suggested that MyTeam Young man Mahathir, using the supporters were unpatriotic’; It’s to show a widening gulf be- pseudonym of C.H.E. Det, wrote a never allowing MyTeam to ‘chal- tween KJ’s concerns and the sub- number of essays for the Straits lenge the Football Association of stance and style of his Malay na- Times. The C.H.E. Det essays ex- Malaysia or turn Malaysians tionalism when the pressure from plored the Malay world, noted its against the national team’; and The Spat mounted. To be precise, changes, explained its problems, believing ‘MyTeam has suc- his responses to the pressure and argued its case. One notable ceeded’. showed little substance but style piece outlined what Mahathir of a sort ill suited to the contexts. later called the ‘Malay dilemma’. In another essay, he said of himself: ‘You choose this life less or- KJ baited the Barisan Nasional’s Reading those essays, one dinary because you want to stand Chinese-based component parties

Aliran Monthly : Vol.26(8) Page 5 by warning UMNO that the non- not’. ter PAS for fishing in UMNO’s Malays would take advantage of troubled waters? Why didn’t he ‘Malay disunity’. He contrived Compare that with KJ’s reflection attack Keadilan when Anwar this although Chinese parties and on his maturation: ‘You don’t say called for an end to NEP? organisations, save Matthias the first thing that comes to your Chang who represented himself, mind but say the right thing Mistaken tactics had steered clear of The Spat. …You are more mindful of others and think about consequences Times change and youth may Next, and aided by the Penang that are three or four times re- think differently but KJ’s capers UMNO Youth, KJ bashed the moved from your action.’ have nothing to do with Malay Gerakan-led government in nationalism, as C.H.E. Det or Penang for ‘marginalizing the Although UMNO habitually and Anwar or Musa Hitam or Malays’. Again, this was contriv- aggressively demanded apologies Tengku Razaleigh knew it. We ance. for any imagined hurt to ‘Malay only flatter KJ to mention him dignity’, no UMNO elder scolded with them. Didn’t KJ know that UMNO is KJ for not being ‘more mindful of more powerful than Gerakan even others’. KJ is no C.H.E. Det who, planted in the state government? on Malay soil, framed a view of On the contrary, PM, himself a Malay society and economy and Couldn’t he reason that if Malay veteran MP from Penang, in- formulated a basic solution to the economic parity with non-Malays structed the Penang government ‘Malay dilemma’. Nor is KJ the was Penang’s problem, Gerakan to review its plans so that Malays young Anwar who drew upon Is- had no more failed here than aren’t neglected in the state. Najib lam and a firm footing in civil so- UMNO had in the whole country Tun Razak advised Koh Tsu Koon ciety as the sources of social criti- despite UMNO’s control of the to be ‘Chief Minister of all races’. cism and activism. Federal government, state govern- And Hishamuddin Hussein, too, ments and incomparably greater was there for KJ – to scowl at MCA In contrast, KJ riles his BN part- resources? (‘Do not challenge us!’) and lec- ners and bashes Penang as if he’s ture Gerakan (‘Something must be staging media events and public- A sandiwara predictably followed. not right if the Penang UMNO ity stunts on par with sponsoring An apology was demanded of KJ. Youth made such a statement.’). socceroos and mingling with bikies. His is an approach that He shrugged it off in the imperi- Is it any wonder that The Khairy passes off theatrics for politics. ous manner of George Bush, Sr Chronicles are full of episodes de- who in 1988 said, ‘I will never tailing how KJ calls the shots in No doubt many Malaysian politi- apologise for the United States, UMNO and the government to cians reach for the ethnic card ever. I don’t care what the facts everyone else’s consternation? when they’re in trouble. This time are.’ around, Mahathir flashed the eth- Perhaps panicked by Mahathir, nic card just as opportunistically, KJ’s response was, ‘It never KJ lashed out against soft targets. for instance, by attacking ‘non- crossed my mind to apologise to Clearly KJ didn’t think he behaved Malay editors’ in NST and else- those who are hurt by what I said like a ‘little Napoleon’ who, still where. in Kedah last week. For me, if we ‘wet behind his ears’, to use his truly fight for our race, one should own words, had violated his ‘pro- But did KJ expect his tactics to not apologise.’ bationary licence’ by ‘shaking the succeed in mending ‘Malay disu- tree when there was no wind’. nity’ where Mahathir’s diversion- Power means never … ary attack on Suqiu had failed in Perhaps fearful of UMNO’s own 2000? If so, KJ is nowhere near Does that sound like ‘My bangsa, discord, KJ wouldn’t risk opening having the substance to confront right or wrong’? Don’t be de- another front in an intra-Malay the one target that matters – ceived. It was ‘Myself, like it or battle. If not, why didn’t he go af- Mahathir.

Aliran Monthly : Vol.26(8) Page 6 namely, an NEP-created Melayu Baru who, despite high qualifica- tions and the appearances of being liberal and cosmopolitan, is too often beset by ethnic and class insecurities.

In class terms, this urban, yuppie and corporate class feels superior not only to the masses but the Asian crisis-humiliated tokoh korporat of Mahathir-Daim sponsorship and the older and hum- bler UMNO ‘grassroots’ as well.

This class now operates in the borders between state and market. KJ riles his BN partners and bashes He failed to be elected a delegate It would prefer not to be overly de- Penang as if he’s staging media from Kubang Pasu to UMNO’s next pendent on the state, but it’s un- events and publicity stunts annual general assembly willing to face the market frontally.

Listen to this: ‘When defining mo- wondering whether KJ will ‘out- Hence, for all the talk of removing ments come along, by all means Malay’ Mahathir. He won’t, be- crutches and creating towering define that [sic] moment … But because he can’t. personalities, the social type of ware how you define it … And this class resents being ‘backward’ avoid trying to define the moment Beyond the spat at home and fears being ‘uncom- so much and without any thought petitive’ abroad. that in the end, it defines you.’ The mainstream media has it that Mahathir has reached the end of Socially, this class has detached Is this philosophic wisdom his mission. He failed to be elected itself from the rural Malays, the dumbing itself down for the a delegate from Kubang Pasu to lower-level civil servants and the rakyat, or plain gobbledygook? UMNO’s next annual general as- self-employed in small business. sembly. It’s said that he’d lowered But, politically, this class must In fact, it was KJ’s pondering his martabat for nothing. stay connected to them via UMNO Zizou’s self-destructive World and ‘Malay nationalism’. Cup Final head-butting, and Pe- The pro-Mahathir online media ter Costello’s self-defeating claim thinks Abdullah’s television inter- Were he not the PM’s son-in-law, of a ‘secret agreement’ between view was flawed and KJ’s been KJ’s urban, yuppie, corporate and him and Prime Minister John wounded and had to retreat. He liberal inclinations would not Howard of Australia. was heckled at Titiwangsa have much in common with his UMNO Youth Division, and father-in-law’s small-town, civil Actually it was a most oblique at- Abdullah, Najib and Hisha- service and religious intuitions. tack on Mahathir’s allegation that muddin have had to come to his Abdullah had reneged on their defence more than once. That each of them comforts the ‘gentleman’s agreement’ made other amidst Mahathir’s on- before Mahathir’s retirement. Whatever is the present score in slaught lends a sharp edge to The The Spat, we don’t need more per- Spat which is no less than a po- But if that’s an indication that KJ sonalised images of KJ. litical ‘disorder’ that has erupted won’t face Mahathir squarely the between the slow passing of the way Mahathir engages his oppo- But we should note that KJ stands Mahathir era and the unsecured nents, there’s no point in further at this juncture for a social type, birth of Abdullah’s. q

Aliran Monthly : Vol.26(8) Page 7 OBITUARY Tan Sri BC Sekhar A truly great son of Malaysia by A J Patrick

Appointed Director, RRIM in 1966 Rubber Research Institute of Malaysia

he recent passing of Tan Throughout this journey and even lives depended on natural rubber. TTT Sri B C Sekhar was a sad thereafter, he remained undoubt- He was actively involved in the moment for this nation. edly the strongest advocate of the international price-stabilisation The late Tan Sri Sekhar techno-economic superiority of scheme for rubber and, in the was a beacon that graced the natural rubber. prcess, helped to better the lives Malaysian shore. From the time he of the smallholders and rural joined the Rubber Research Insti- Many contributions poor in Malaysia and other natu- tute of Malaya (PRIM) until the ral rubber-producing countries. time of his passing, he devoted his Among the many contributions life to the advancement of research made by Tan Sri Sekhar in his re- As an administrator, Tan Sri and development in natural rub- search endeavours, the Standard Sekhar also played a decisive role ber. From a young researcher, he Malaysian Rubber(SMR) Scheme in the wage negotiations to con- moved on to become the Director that he engineered and promoted vert the daily wage of RRIM plan- of the RRIM and ended his illus- in the late Sixties and early Sev- tation workers into a monthly trious public career as Controller enties stands out most signifi- wage in April 1983. This was at a of Rubber Research and Chair- cantly. He pioneered numerous time when the owners of planta- man of the Malaysian Rubber Re- innovations and spearheaded tion companies were still bent on search and Development Board various other research pro- keeping their workers on daily- (MRRDB), the first Malaysian to grammes, but in all those endeav- rated wages while they raked in hold both these positions. ours he did not forget those whose millions of ringgit.

Aliran Monthly : Vol.26(8) Page 8 RRI Staff Union Silver Jubilee Celebration in 1979

One of his oft-repeated quotes to tempts were being made in the officials of the Union was “I will Master Plan to develop the Rub- take care of the tree while you take ber Research Institute Experi- care of the man under the tree, but ment Station in Sungai Buloh, Recipient of Magsaysay Award remember that if there is no tree Tan Sri made an impassioned there will be no man underneath plea to the authorities to consider Tan Sri Sekhar was not only an it”. He eventually took care of alloting an acre of land to all pio- eminent scientist, but also a de- both. Today, the plantation work- neer Plantation Rubber Research voted sports enthuasiast. He en- ers in RRI enjoy not only monthly Institute progenies. These prog- sured that the RRI recruited wages but also pension rights enies would be second and third sportsmen and sportswomen and gratuity benefits calculated generations, i.e. the father or without compromising the stand- from the initial date of the work- mother being worker at the Sta- ard and quality of research. ers’ date of employment. tion or RRIM, and their son or When the Rubber Research Insti- daughter continuing to be em- tute Recreation Club was formed Impassioned plea ployed at the Station or RRIM. in 1965, Tan Sri was responsible Honouring Tan Sri’s plea would for allocating one of the RRIM In September 2005, when at- indeed be a tribute to him. bungalows as its clubhouse, and the Board granted an annual grant for the operational expenditure of the club.

Formidable force

During his tenure as Director and later Chairman of the Board, the Club was a formidable force in sports in Malaysia, particularly in hockey, cricket and badminton. The 1975 Hockey World Cup bears witness to Tan Sri’s contribution to sports when four hockey players from the RRI donned national colours and steered Ma- With Dr L Bateman the former Controller of Rubber Research 1974

Aliran Monthly : Vol.26(8) Page 9 laysia to fourth position, a ranking we have not since attained. In cricket, in the seventies and eighties, the Club had at least five national players and several state players.

Shortly before his passing, Tan Sri Sekhar was in the forefront to prevent the Tun Abdul Razak Research Centre (TARRC) in Brickendonbury, England, being turned into a Sports Centre. Al- though he always remained a sports enthuasiast, he opposed any form of construc- tion on the TARRC site that would change the nature and character of this renowned research facility. He argued that the TARRC was the centre of research for natural rubber applica- Dr Sekhar explaining the tapping process to tions and for good reason this centre had to be Queen Elizabeth located in one of the industrialised countries. What better place than Brickendonbury where we have an established Natural Rubber research facility. With his passing, we sincerely hope that the Government will see the wisdom of his words and abandon all attempts to convert the TARRC into a Sports Centre. It would be a fitting tribute to this great Malaysian.

One can continue to write volumes about the contributions of this great icon. But sadly, after his retirement in 1984, the powers-that-be never found a way to continue to tap his wealth of knowledge and expertise. He, however, continued the journey on his own and, using his own words, “con- With President Giri of India tributed his prepared and motivated mind” to all those within Malaysia as well as the rest of the world who sought his expertise.

The nation owes a debt of gratitude to Tan Sri Sekhar. Saluting him, we stand together with many others, among whom are those who were fortunate to have worked with him, those who were acquainted with him as well as those who knew him.

He was indeed a truly great son of Malaysia. q

A J Patrick is the former general secretary of the RRI Staff Union and founder secretary of the RRI Recreation Club. With Australian Prime Minister during his visit to RRI Experimental Station Sg. Buloh, 14 June 1972

Aliran Monthly : Vol.26(8) Page 10 LABOUR Workers, know your rights! Abdullah Badawi is balking at the MTUC’s request for a RM900 monthly minimum wage, even though Mahathir had said it was too little by K George

n the past, I have written II articles highlighting the III problems faced by workers in Malaysia and their trade unions and the restrictive provisions in labour laws. Hav- ing done a survey, however, I dis- covered that most ordinary workers are not fully aware of their rights as stipulated in labour laws. Surprisingly, even some of the unionised workers are not sufficiently aware of their rights.

In this country, out of nine million private sector workers, PM: Balking at the request for Dr M: RM900 is too little fewer than 10 per cent are mem- RM900 minimum wage bers of trade unions. There are certain important reasons for this pathetic situation. Since In- time, I will elaborate on the rights • Contract of service dependence in 1957, an UMNO- of public sector employees and on Under Section 10, there must be a led ruling coalition has been in the unforgivable exploitation of written contract of service, which power, influenced by capitalism. migrant workers.) should also include provision for Employers, including foreign termination of service. ones, are by and large not sup- The most important legislation porting trade unions. Believe that stipulates the rights of work- According to Section 12, the no- me, trade unions are the only or- ers is the Employment Act 1955. tice of termination of contract is ganisations that are capable of This Act consists of more than 101 as follows: safeguarding and protecting sections as well as several regula- a) If the length of employment is workers’ rights. tions and schedules. But I will list less than two years, the period out only the rights of workers as of notice is four weeks. Rights of Workers briefly as possible: b) If it is more than two years but less than five years, the period In this article, I wish to enumerate • Right to join trade union of notice is six weeks. the rights of private sector work- According to Section 8 of the Act, c) If it is more than five years of ers whose monthly salary is not you are free to join a trade union service, the period of notice is more than RM2,000. (At another and if necessary to form unions. eight weeks.

Aliran Monthly : Vol.26(8) Page 11 Please take note that what is men- • Remuneration other than ployment of women. tioned above is the minimum no- wages tice of termination according The employer may agree to pro- • Prohibition of night work years of service. vide you with accommodation, No employer shall require a fe- food, fuel, electricity, water, medi- male employee to work in any in- While an employee is absolutely cal facilities and any amenity ap- dustrial or agricultural undertak- free to terminate his employment, proved by the Director General. ing between 10 pm and 5 am or an employer has no absolute right The employer may also pay bo- commence work for the day within to terminate your service. If you nus, transport allowances, vehi- a period of 11 consecutive hours have reason to believe that the ter- cle loans, and housing loans. free from such work. The Director mination was unreasonable or These contributions cannot be re- General, however, may allow ex- motivated by an act of victimisa- garded as your right. It is, in fact, emption from the above practice. tion, you can challenge the em- one of the ways adopted by sensi- If the employee is dissatisfied with ployer under Section 20 of the In- ble employers to establish cordial the exemption, she has the right dustrial Relations Act. relations between the employer to appeal to the Human Re- and the employees. The net result sources Minister within 30 days. Remuneration will be industrial harmony and an The minister’s decision shall be increase in productivity - which final. • Payment of Wages in turn will enhance profit. Section 18 says payment of wages • Prohibition of underground should not be later than seven Employment of women work days after the end of the month. It No female employee shall be em- must be paid in legal tender Sections 34 to 44 in Part VIII of the ployed in any underground work. (ringgit) or through a bank. Employment Act refers to the em- Not withstanding the above provisions, the minister is empow- ered to introduce changes.

Maternity Protection

• Maternity leave Every female employee shall be entitled to maternity leave for a period of 60 days. The government is now considering whether to extend it to more than 80 days. The granting of maternity leave is practised all over the world; only the period varies from one country to another.

In Malaysia, there is yet another condition in order to be eligible for maternity leave; that is, the employee should be in employment for a period of 90 days before the confinement

• Maternity allowance All female employees are entitled to maternity allowance, which is normally the monthly salary.

Aliran Monthly : Vol.26(8) Page 12 Nonetheless, the minister has the day. If you work the whole day, ployers close their business on all authority to decide on the quan- you are entitled to two days’ the holidays or allow more than tum of the allowance. wages. 10 days with pay. If any holiday falls on a rest day, the next work- There is another condition for eli- In the case of monthly rated em- ing day following the rest day gibility. If the employee already ployees, the entitlement is half pay must be regarded as a paid holi- has five surviving natural chil- for work that does not exceed half day. dren, then she is not entitled to the the normal hours of work. But if allowance (though she would still you work more than half the nor- If you happen to be on sick leave be entitled to maternity leave). mal hours (and not beyond the or annual leave, you are entitled normal hours), you are entitled to to another day with pay as a sub- • Dismissal of a pregnant one day’s salary. (Note: unlike stitution. employee daily rated employees, monthly If an employer dismisses a female rated employees are already get- • Work on paid public holidays employee during the period in ting paid for rest days and holi- If you are required to work on a which she is entitled to maternity days.) public holiday, you are entitled to leave – which starts one month two days’ wages, even if the pe- before the date of expected con- Further, whether you are daily riod of work done on that day is finement – he commits an offence. rated or monthly rated, if you less than the normal hours of All women employees must bear work beyond normal hours on a work. Further, if you went on to in mind this legal protection ac- rest day, you will be paid at least work overtime, you are entitled to corded to them for there are some double the hourly rate for the ex- three times your hourly rate of unscrupulous, merciless employ- tra hours. pay. ers out there who would violate the law to save some money. • Hours of work • Annual Leave Normally, you should not be re- You are entitled to eight days of • Conditions contrary to Part Vlll quired to work more than eight paid annual leave for every 12 Any condition in a contract of hours a day or 48 hours a week. months’ service if you are in con- service whereby a female em- During the eight hours, you are tinuous service for less than two ployee relinquishes any right un- entitled to 45 minutes as meal years; 12 days paid annual leave der this part shall be void and of break. The eight hours is to be if you have been in service for no effect. Consequently, she shall spread out within 10 hours. If you more than two years but less than be entitled to all the rights granted are required to work more than five years; 16 days annual leave if to her in this part. eight hours a day or more than 48 you have been in service for more hours a week, the extra time you than five years. The annual leave Part XII – Rest days, hours of work, worked should be treated as over- shall be on top of rest days and holidays and other conditions of time for which you are entitled to holidays. work an extra payment of one and a half times of your hourly pay. • Prohibition • Day of rest (Rest day) Usually, no employer is expected Section 60 M prohibits an em- You are allowed a rest day of one to require you to work more than ployer from terminating the serv- whole day in each week. Where 12 hours a day, although he or she ice of a local employee for the pur- you are allowed more than one could apply to the government to pose of employing a foreign em- rest day in a week, the last of such grant an extension. ployee. I am not very sure that our rest days shall be the rest day for employers have been strictly fol- the purpose of this Part. • Holidays lowing this reasonable and justi- In Malaysia, there are about 16 fied prohibition. • Work on rest day holidays in a year. Private sector If you are a daily rated worker, you employees, however, are entitled • Sick Leave are entitled to one day’s wages for to only 10 days in a year with pay. Section 60 F stipulates that you work that does not exceed half a Of course, some private sector em- shall, after examination at the ex-

Aliran Monthly : Vol.26(8) Page 13 pense of the employers, by a reg- iterate that a vast majority of work- know what I am saying. When istered medical practitioner or ers depend entirely on the re- the Malaysian Trades Union Con- medical officer, be entitled to paid wards for their labour. Once they gress (MTUC) asked Mahathir in sick leave of 14 days in a calendar are deprived of it, poverty grips August 1998 for RM 900 as the year, if you have been in service them and their families. Our coun- minimum wage, his reply was for less than two years; 18 days in try has no law for unemployment RM900 was too little; it had to be each calendar year if you have benefits or for old age pensions. at least RM1,200 a month! The been in service for more than two Our nation is sufficiently wealthy MTUC has been asking for a mini- years but less than five years; 22 with petrol, gas, tin mines, palm mum wage for 42 years. It submit- days in each calendar year if you oil, rubber and billions of ringgit ted a memorandum to Prime Min- have been in service for more than of foreign investment. Still, pov- ister Abdullah Badawi many five years. erty is endemic and corruption is months ago listing out the work- rampant. ers’ problems and asking for a But if you are hospitalised, then minimum wage of RM900 (not you are entitled to 60 days’ sick In this article, I have very briefly RM 1,200). There has been no re- leave in each calendar year. This listed out the rights of private sec- action from the PM, I understand. paid sick leave is inclusive of any tor workers whose monthly sal- sick leave recommended by a den- ary is not more than RM2,000. Watch out for your EPF tal surgeon. Many employers are motivated by greed. To accumulate wealth, they You are entitled to 12 per cent of • Termination and Lay-Off would resort to exploiting work- your salary (not allowances) as Payments ers. Individual workers are not Employees Provident Fund con- Advances in technology and com- strong enough to fight for their tribution by your employer every puterisation have become rights. The solution is to form month. It accumulates with inter- unstoppable and, as a result, op- trade unions. Unions can not est until you retire. This is the only portunities for employment have only protect your rights but are compulsory saving for your old become increasingly scarce. Em- also in a position to negotiate sal- age. I strongly advise you not to ployers have resorted to various ary increases (as well as other allow your employer to reduce the devices to retrench their employ- perks and fringe benefits) once quantum of the contribution and ees. every three years. Unfortunately, you must never agree to reduce millions of workers are being de- your salary by increasing or in- According to the Employment prived of union protection by the troducing new allowances. It is Regulations 1980, if you are ter- pro-capitalist Barisan Nasional illegal and an offence and it hap- minated and laid-off, you are en- government. pens only where workers have no titled to the following benefits: unions. • 10 days’ wages for every year Sometimes, we hear very pleasing of employment if you have tributes to workers. Our prime The remedy been employed for less than minister recently declared: “The two years. workers are the most vital assets.” Nine million workers and their • 15 days’ wages for every year His deputy called on workers “to families form more than 80 per if you have been employed for be progressive, productive, disci- cent of the electorate. The MTUC more than two years but less plined, honest and trustworthy.” must guide them to vote for par- than five years. The president of the Malaysian ties that are committed to social • 20 days’ wages for every year Employers Federation (MEF) justice, poverty eradication, zero of service if you have been in called on employers “to spread corruption, and freedom. employment for five years or their wealth”. more. Our struggle should be aimed at Nice words to hear, indeed. But establishing an egalitarian soci- The Employment Act makes no they ring hollow. I have spent the ety, in which there is prosperity, mention of gratuities, bonuses and best part of my life struggling for unity, harmony and the equitable other fringe benefits. I wish to re- the emancipation of workers. I distribution of wealth for all. q

Aliran Monthly : Vol.26(8) Page 14 INTERNATIONAL The Pope and the legend of the sword Why did he say those words now? by Uri Avnery Uri Avnery ince the days when Ro- man Emperors threw SSS Christians to the lions, the relations between the emperors and the heads of the church have undergone many changes.

Constantine the Great, who be- came Emperor in the year 306— exactly 1700 years ago—encour- aged the practice of Christianity in the empire, which included Palestine. Centuries later, the church split into an Eastern (Or- each other. We are witnessing As a Jewish atheist, I do not in- thodox) and a Western (Catholic) such a period today. Between the tend to enter the fray of this depart. In the West, the Bishop of present Pope, Benedict XVI, and bate. It is much beyond my hum- Rome, who acquired the title of the present Emperor, George Bush ble abilities to understand the Pope, demanded that the Emperor II, there exists a wonderful har- logic of the Pope. But I cannot over- accept his superiority. mony. Last week’s speech by the look one passage, which concerns Pope, which aroused a world- me too, as an Israeli living near The struggle between the Emper- wide storm, went well with the fault-line of this “war of civili- ors and the Popes played a cen- Bush’s crusade against “Islamo- sations”. tral role in European history and fascism”, in the context of the divided the peoples. It knew ups “Clash of Civilizations”. In order to prove the lack of rea- and downs. Some Emperors dis- son in Islam, the Pope asserts that missed or expelled a Pope, some Controversial words the Prophet Muhammad ordered Popes dismissed or excommuni- his followers to spread their reli- cated an Emperor. One of the Em- In his lecture at a German univer- gion by the sword. According to perors, Henry IV, “walked to sity, the 265th Pope described the Pope, that is unreasonable, be- Canossa”, standing for three days what he sees as a huge difference cause faith is born of the soul, not barefoot in the snow in front of the between Christianity and Islam: of the body. How can the sword Pope’s castle, until the Pope while Christianity is based on rea- influence the soul? deigned to annul his excommu- son, Islam denies it. While Chris- nication. tians see the logic of God’s ac- To support his case, the Pope tions, Muslims deny that there is quoted—of all people—a Byzan- But there were times when Emper- any such logic in the actions of tine Emperor, who belonged, of ors and Popes lived in peace with Allah. course, to the competing Eastern

Aliran Monthly : Vol.26(8) Page 15 Church. At the end of the 14th cen- tries against the Turks and con- tury, the Emperor Manuel II vince them to start a new crusade. Palaeologus told of a debate he The aim was practical, theology had—or so he said (its occurrence was serving politics. is in doubt)—with an unnamed Persian Muslim scholar. In the In this sense, the quote serves ex- heat of the argument, the Emperor actly the requirements of the (according to himself) flung (those present Emperor, George Bush II. now controversial words) at his He, too, wants to unite the Chris- adversary. tian world against the mainly Muslim “Axis of Evil”. Moreover, These words give rise to three the Turks are again knocking on questions: the doors of Europe, this time • Why did the Emperor say peacefully. It is well known that them? the Pope supports the forces that • Are they true? object to the entry of Turkey into • Why did the present Pope the European Union. quote them? No coercion Theology serving politics Is there any truth in Manuel’s ar- Emperor Manuel II gument? When Manuel II wrote his treatise, state. But that was a political act, he was the head of a dying em- The pope himself threw in a word not a religious one; basically a pire. He assumed power in 1391, of caution. As a serious and re- fight for territory, not for the when only a few provinces of the nowned theologian, he could not spreading of the faith. once illustrious empire remained. afford to falsify written texts. These, too, were already under Therefore, he admitted that the Jesus said: “You will recognise Turkish threat. Qur’an specifically forbade the them by their fruits.” The treat- spreading of the faith by force. He ment of other religions by Islam At that point in time, the Ottoman quoted the second Sura, verse 256 must be judged by a simple test: Turks had reached the banks of (strangely fallible, for a pope, he How did the Muslim rulers be- the Danube. They had conquered meant verse 257) which says: have for more than a thousand Bulgaria and the north of Greece, “There must be no coercion in years, when they had the power and had twice defeated relieving matters of faith”. to “spread the faith by the armies sent by Europe to save the sword”? Eastern Empire. In 1453, only a How can one ignore such an un- few years after Manuel’s death, equivocal statement? The Pope Well, they just did not. his capital, Constantinople (the simply argues that this command- present Istanbul) fell to the Turks, ment was laid down by the For many centuries, the Muslims putting an end to the Empire that Prophet when he was at the be- ruled Greece. Did the Greeks be- had lasted for more than a thou- ginning of his career, still weak come Muslims? Did anyone even sand years. and powerless, but that later on try to Islamize them? On the con- he ordered the use of the sword in trary, Christian Greeks held the During his reign, Manuel made the service of the faith. Such an highest positions in the Ottoman the rounds of the capitals of Eu- order does not exist in the Qur’an. administration. The Bulgarians, rope in an attempt to drum up True, Muhammad called for the Serbs, Romanians, Hungarians support. He promised to reunite use of the sword in his war and other European nations lived the church. There is no doubt that against opposing tribes—Chris- at one time or another under Otto- he wrote his religious treatise in tian, Jewish and others—in Ara- man rule and clung to their Chris- order to incite the Christian coun- bia, when he was building his tian faith. Nobody compelled them

Aliran Monthly : Vol.26(8) Page 16 to become Muslims and all of them What happened afterwards is the Jews and tried many times “by remained devoutly Christian. even more telling. When the the sword” to get them to aban- Catholics re-conquered Spain don their faith. True, the Albanians did convert from the Muslims, they instituted to Islam, and so did the Bosniaks. a reign of religious terror. The Jews Evil legend But nobody argues that they did and the Muslims were presented this under duress. They adopted with a cruel choice: to become The story about “spreading the Islam in order to become favorites Christians, to be massacred or to faith by the sword” is an evil leg- of the government and enjoy the leave. And where did the hun- end, one of the myths that grew fruits. dreds of thousand of Jews, who up in Europe during the great refused to abandon their faith, es- wars against the Muslims—the In 1099, the Crusaders conquered cape? Almost all of them were re- reconquista of Spain by the Chris- Jerusalem and massacred its Mus- ceived with open arms in the Mus- tians, the Crusades and the repul- lim and Jewish inhabitants indis- lim countries. The Sephardi sion of the Turks, who almost con- criminately, in the name of the gen- (“Spanish”) Jews settled all over quered Vienna. I suspect that the tle Jesus. At that time, 400 years into the Muslim world, from Morocco German Pope, too, honestly be- the occupation of Palestine by the in the west to Iraq in the east, from lieves in these fables. That means Muslims, Christians were still the Bulgaria (then part of the Ottoman that the leader of the Catholic majority in the country. Through- Empire) in the north to Sudan in world, who is a Christian theolo- out this long period, no effort was the south. Nowhere were they gian in his own right, did not make made to impose Islam on them. persecuted. They knew nothing the effort to study the history of Only after the expulsion of the Cru- like the tortures of the Inquisition, other religions. saders from the country, did the the flames of the auto-da-fe, the majority of the inhabitants start to pogroms, the terrible mass-expul- Why did he utter these words in adopt the Arabic language and the sions that took place in almost all public? And why now? Muslim faith—and they were the Christian countries, up to the forefathers of most of today’s Pal- Holocaust. There is no escape from viewing estinians. them against the background of Why? Because Islam expressly the new Crusade of Bush and his Reign of terror prohibited any persecution of the evangelist supporters, with his “peoples of the book”. In Islamic slogans of “Islamofascism” and There is no evidence whatsoever society, a special place was re- the “Global War on Terrorism”— of any attempt to impose Islam on served for Jews and Christians. when “terrorism” has become a the Jews. As is well known, under They did not enjoy completely synonym for Muslims. For Bush’s Muslim rule the Jews of Spain en- equal rights, but almost. They had handlers, this is a cynical attempt joyed a bloom the like of which to pay a special poll-tax, but were to justify the domination of the the Jews did not enjoy anywhere exempted from military service— world’s oil resources. Not for the else until almost our time. Poets a trade-off that was quite wel- first time in history, a religious like Yehuda Halevy wrote in Ara- come to many Jews. It has been robe is spread to cover the naked- bic, as did the great Maimonides. said that Muslim rulers frowned ness of economic interests; not for In Muslim Spain, Jews were min- upon any attempt to convert Jews the first time, a robbers’ expedi- isters, poets, scientists. In Muslim to Islam even by gentle persua- tion becomes a Crusade. Toledo, Christian, Jewish and sion—because it entailed the loss Muslim scholars worked together of taxes. The speech of the Pope blends into and translated the ancient Greek this effort. Who can foretell the philosophical and scientific texts. Every honest Jew who knows the dire consequences? q That was, indeed, the Golden Age. history of his people cannot but How would this have been possi- feel a deep sense of gratitude to ble, had the Prophet decreed the Islam, which has protected the Uri Avnery is an Israeli “spreading of the faith by the Jews for fifty generations, while writer and peace activist sword”? the Christian world persecuted

Aliran Monthly : Vol.26(8) Page 17 ALIRAN MONTHLY SUBSCRIPTION FORM

Mr./Ms. Be aaBe Address concernedconcernedconcerned Malaysian, Occupation Tel. No. Email Subscribe to

Subscription (11 issues per year) Aliran 1 year 2 years RM Monthly Donation to Aliran ...... RM TOTAL Enclosed : Money Order / Postal Order / Cheque RM NOW (No. ) payable to Aliran AM 2006: 26(8)

SUBSCRIPTION RATES COUNTRY ONE YEAR TWO YEARS MALAYSIA RM30 RM60 SINGAPORE S$40 S$75 JAPAN, AUSTRALIA, NEW ZEALAND US$35 US$60 OTHER ASIA PACIFIC COUNTRIES US$30 US$52 EUROPE, RUSSIA, CENTRAL ASIA, MIDDLE-EAST US$40 US$71 NORTH AMERICA, SOUTH AMERICA, AFRICA US$45 US$82

GIFT SUBSCRIPTION ORDER FORM

Please send this gift subscription to : “Liberty Mr./Ms. of thought Address means liberty to communicate Occupation Tel. No. one's thought.” Subscription for 11 issues 1 year 2 yearsyears2 Salvador de Madariage 1886 - 1973 Spanish diplomat, writer, critic I enclose money order / postal order / cheque for the above order amounting to RM payable to Aliran. Send this form and payment to

This gift subscription is paid for and presented by: Mr./Ms. Address ALIRAN DISTRIBUTION BUREAU 103, MEDAN PENAGA, 11600 JELUTONG, PENANG, MALAYSIA

AM 2006: 26(8) Date Signature

Aliran Monthly : Vol.26(8) Page 18 BOOK REVIEW Food, fun and learning by Khoo Boo Teik

peaking on Vision 2020 Lim Siang Jin (ed.). once, someone said that SSS its attainment would Rasa Rasa Penang: bring us ‘world class A Visitor-friendly everything’, including, say, bak- Guide to its Food. eries and French restaurants. Kuala Lumpur: Briolinks, 2006, A colleague of mine whispered to 210 pages. RM28.00 me, ‘We already have world-class hawker food in Penang.’

My colleague wasn’t wrong or boastful. He was being matter-of- factly: Penang, as in hawker food, is valuable international brand- ing, as the tourist sector appreci- ates.

In Kuala Lumpur (more so its sat- ellite towns), food courts abound with signboards offering ‘Penang char koay teow’, ‘Penang prawn mee’, ‘Penang asam laksa’, and ‘Penang nasi kandar’. Hotels in Singapore were known to invite well-known Penang hawkers to operate in the hotels for extended periods. There are Penang hawker food outlets in city after city in Australia.

Yet, wonderful as it is, Penang hawker food is only a large part of the full complement of Penang food. As Lim Siang Jin shows in this informative and delightful culinary guide, Penang food includes home-cooked and other food served by small local eateries calling themselves restaurants, coffee- shops, cafés, and food centres.

Rasa-Rasa Penang only covers individual stalls, food centres, and

Aliran Monthly : Vol.26(8) Page 19 small and medium-sized shops, economy of Chinese, Malay, In- that is, those that aren’t listed in dian, Indian Muslim, Thai and ‘After Dark’ tourist brochures and ‘hybrid’ cuisines. newsletters. Fancy up-market restaurants are excluded, correctly so No ‘serious book’ has since these aren’t distinctively lo- attempted as much cal enterprises serving home- grown cuisines. Deliberately or otherwise, to document this vibrant, practically re- Anyone using Rasa-Rasa Penang cession-proof, trade in food is to will find it a wonderful eating-out pay homage to a neglected cul- guide filled with lovely photo- tural dimension of the making of graphs of dishes and spreads, a multiethnic urban community. chefs, stall-keepers and restaura- It is to provide evidence of a proc- teurs; simple and clear maps; and ess of cultural integration hap- brief but accurate descriptions of pening at its best. what to expect. The process was slow in its un- One can read the book for fun, too, folding because of its numerous as a checklist of favourite stalls, a experiments. Its results were au- guide to family outings, an aid for thentic because they were pro- tour-guide duty, or to stimulate duced from below, not designed memories of past encounters of the from above. Its impact lasts be- culinary kind. cause it remains open to changes and exchanges. Such is the extensive coverage in Rasa-Rasa Penang that those who Above all, this process included know only George Town will be sharing a vast array of cheap and excited to discover stalls in more popular food but rich and valu- remote parts of Penang Island. able experiences without provok- Those who haven’t visited the ing accusations of cultural in- mainland for food might now be equalities. tempted to do so. The only thing Rasa-Rasa Penang Amazingly, one can read the book doesn’t do is to rate and rank the for learning as well although that hundred-plus stalls, shops and wasn’t the primary intention of its establishments that it covers, compiler and editor, Lim Siang Jin, mostly on Penang Island but also himself a trained sociologist, ex- on the mainland part of the state. researcher, ex-journalist, artist, publisher, and, alas, a member of No reader who wants to discover Kuala Lumpur’s ‘Penang ‘new’ stalls and sample ‘new’ diaspora’. food will find that dismaying.

The publication of Rasa-Rasa As for the experts and the produc- Penang was the culmination of ers … well, just look around the years of scouting, tasting, photog- stalls in Penang now and see how raphy and writing. The book many of them proudly carry lami- documents a scale, depth and ex- nated copies of the ‘relevant tent of cultural mix, culinary in- pages’ from Rasa-Rasa Penang. It’s novation and small-scale entre- ample evidence they’ve been preneurial talent that finds expres- treated by Lim Siang Jin with re- sion in the variety, quality and spect and fairness. q

Aliran Monthly : Vol.26(8) Page 20 ACCOUNTABILITY Buying ‘goodwill’ – RM4 billion worth of it Oil royalties are going in all directions bypassing state govts by Anil Netto year after the east coast Allocations from the Special Fund (2001-2005) AA state of Terengganu fell AAA into the hands of the op- Education Ministry 443.25 position Parti Islam Entrepreneurial and Cooperative SeMalaysia (PAS) in the 1999 gen- Development Ministry 170.00 eral election, the Federal Govern- Rural Development Ministry 216.92 ment cut off the flow of oil royal- Agriculture Ministry 282.26 ties to the state government. This resulted in a severe budgetary International Trade and Industry Ministry 30.00 crunch for the Terengganu state Tourism Ministry 14.20 government. Works Ministry 652.38 Information Ministry 25.00 Instead of the Petronas royalties Youth and Sports Ministry 20.00 (amounting to 5 per cent of oil ex- Energy, Water and Communications 269.68 traction and sales) going to the Natural Resources and Environment Ministry 47.75 state government, they were now channelled to a federally admin- National Housing Corp (Syarikat Perumahan istered Special Fund Financing Negara Bhd) 157.00 Programme (the Fund), which SubtotalSubtotalSubtotal 2,328.442,328.442,328.44 was established in December 2000. The royalties were renamed Implementation Coordination Unit (UPP), PM’s Dept 688.14 “goodwill money” (wang ihsan) - National Unity and Community while the new Fund was sup- Development Ministry* 40.00 posed to directly finance develop- - Housing and Local Government Ministry* 20.00 ment programmes for the people of Terengganu, largely bypassing - Health Ministry* 10.00 the state government. - Agriculture Ministry* 4.69 Terengganu 665.00 By July 2002, the scope of the Fund Kelantan 53.00 was expanded to include Kedah 40.00 Kelantan, Perlis, Kedah, Pahang Perlis 35.00 and Negri Sembilan. Pahang 34.00 Where the Negeri Sembilan 41.40 money went SubtotalSubtotalSubtotal 1,631.231,631.231,631.23

From 2001 to 2005, some RM4.0 Grand total 3,959.673,959.673,959.67 billion was allocated from the Fund for various programmes. Source: Auditor General’s Report 2005 * Funds channelled via the Implementation Coordination Unit (UPP) of the PM’s Dept

Aliran Monthly : Vol.26(8) Page 21 Of interest here is that more than RM750 million has gone through the direct discretion of the Prime Minister’s Department.

The missing Accounts Committee

Basically, the Treasury is supposed to make allocations out of the Fund to various ministries (and via these ministries to federal agencies), financial institutions, and federal and state-level offices.

According to the Auditor Gener- al’s Report 2005, in line with a di- Were they too chronically ill to apply for financial assistance? rective, the Treasury was supposed to create an Accounts Com- supposed to evaluate projects and On the other hand, state-level al- mittee, chaired by the Treasury’s recommend to the Cabinet finan- locations are meant for pro- Chief Secretary, to administer the cial allocations for the various grammes such as assistance to Fund. The Committee was sup- states. But the AG said he found bright students, single mothers, posed to comprise representatives that allocations for the various senior citizens, the disabled, uni- from the Prime Minister’s Depart- states were not decided during the versity/college students, non- ment (including the Economic Committee’s meetings. Instead, governmental and sports organi- Planning Unit), the Treasury, and the “allocations were based on the sations, trade assistance pro- the Finance Ministry. approval of the Finance Minister and they were forwarded straight But the Auditor General (AG) said to the relevant state Menteris such a Committee had not been Besar”. The Finance Minister is of set up – surely a serious concern. course the Prime Minister.

Instead, a “Central-level Commit- Vague projects tee”, which appears less high- powered, was formed. This Com- According to the AG’s Report, al- mittee, which includes representa- locations made via the various tives from ministries and imple- ministries are meant to finance mentation agencies, meets twice agriculture equipment, fisheries, a year to discuss and approve al- animal husbandry, entrepre- locations. It is not clear who ex- neurial activities, trading, educa- actly is in this Committee. Unfor- tional assistance, management of tunately, the Committee had not educational institutions, comput- touched on what to do with the ers for schools, kampong road excess money in the Fund, total- and bridge projects, water supply, ling RM2.5 billion in December tourism facilities such as jetties, 2005, noted the AG. This money, Orang Asli community develop- he said, should have been in- ment, rural economy, housing, in- vested in a fixed deposit account formation (‘penerangan’) pro- to secure maximum returns. grammes, and housing loans for the poor. Clearly, a very wide The Prime Minister is also the This Central-level Committee is scope. Finance Minister.

Aliran Monthly : Vol.26(8) Page 22 Terengganu alone has received box below). RM763 million via the Implemen- tation Coordination Unit (UPP) of On the whole, the AG said that the Prime Minister’s Department the people had benefited from the since 2001. One of the main an- Fund, though this finding was not nual activities for Terengganu is backed up by empirical evidence. the distribution of Raya money. Nonetheless, he conceded, that at Every eligible resident receives the state level “expenditure that RM300 as a donation before Hari should not have been financed Raya and Chinese New Year – from the Special Fund allocation though the report doesn’t spell out had occurred and this had more the criteria for eligibility. or less jeopardised the objective of the programme”. As at Sept 2005, an allocation of RM10 million made in August He also found that not all minis- 2003 to help the chronically ill in tries, departments and agencies Terengganu had not yet been had submitted their quarterly ex- grammes, “program kesejahteraan spent, said the AG, because from penditure statements as required rakyat” (whatever that is), hous- feedback, “there were no applica- (though he said their monitoring ing repairs for the kampong poor, tions”. It is not clear if people were work was adequate). This meant Hari Raya aid, bicycles for poor even aware of the existence of such the Treasury’s records related to students, ‘latihan ketatanegaraan’ an allocation. Or maybe they were the Fund were incomplete. More (civics training), and study loans. too chronically ill to apply?! Simi- seriously, there was no evidence larly an allocation of RM4.7 mil- to show that the Treasury had It seems unclear to me on what lion to assist farmers and those in taken follow-up action. He also basis many of these projects such the livestock business made in stressed that all allocations as the civics courses and ‘infor- May 2004 had not been spent by should be approved by the Cen- mation’ programmes are decided December 2004 “because there tral-level Committee. upon. And who decides who re- were no claims from anyone who ceives financial assistance and needed such help”. Reading between the lines, it who doesn’t? And which geo- seems to me, there is a lot of arbi- graphical areas (constituencies?) In Kelantan, projects only re- trary discretion being exercised in are given preference? quired the approval of the direc- how the fund is administered – tor of the Kelantan Federal Devel- most likely to serve the interests In the case of opposition-held opment Department. But after the of the ruling party while benefit- states, the allocations are made to March 2004 elections, in which the ing some people. federal or state-level development opposition retained the state by offices while, in other states, the the slimmest of margins, that The best solution, I feel, is to re- funds are channelled to state fi- mandate was withdrawn and a turn the royalties to the state nance offices. new regulation was issued. Ap- governments. High-powered in- provals would now have to come dependent audit committees Terengganu, Negri Sembilan and from the director of the UPP in the with opposition representation, Perlis have set up special action PM’s Department. reporting to the respective state committees and councils to pro- assemblies, should be set up to pose and approve Fund-related Kedah has received RM40 million ensure that such funds are used projects. In Kelantan, the admin- since 2003. As mentioned, the ad- on projects that really empower istration of the fund comes under ministration of the Fund in the the rural poor. This will dispel the Kelantan Federal Develop- state comes under the Menteri the perception that this ‘good- ment Department. But in Pahang Besar. The AG found several ir- will money’ is being used as a and Kedah, the administration of regularities in the way such funds patronage tool to boost political the Fund comes under the respec- were used which he said did not ‘goodwill’ for the Barisan tive Menteris Besar. conform to UPP guidelines (see Nasional. q

Aliran Monthly : Vol.26(8) Page 23 Imprudent ‘goodwill’ spending

The Auditor General cited various cases of questionable spending of ‘goodwill money’ in his report:

Weaving a sorry tale A Sept-Oct 2005 audit visit of 20 actual monthly claims from the houses, each valued at RM40,000, tutors instead of only a project Four computerised paper. That is missing the songket weaving ma- point: the larger question is chines, each about why should public funds RM90,000, were pur- be used to finance a project chased through a local clearly run by a political firm based on a proto- party? type that was the result of joint research and de- Equipment for velopment by the Uni- ntv7? versity of Malaya and the Malaysian Handi- The Kedah state develop- craft Development ment office paid Agency (Perbadanan RM701,000 for various Kemajuan Handikraf items: lapel pins, caps, bill- Malaysia). boards, to mark the visit of the PM and his deputy to Auditors found all four the state; carpets and ‘tim- machines unused be- ber blinds’ for the Menteri cause they required Besar’s office; filming manual intervention equipment for the ntv7 even though they were crew. According to feed- supposed to be compu- back, the AG noted, pay- terised. The machines ment was made based on a were now merely bahan directive from the MB. pameran or exhibits, as the AG referred to them, And filming equipment? somewhat sarcastically. in Terengganu, Kedah and Perlis The larger question that must also revealed that 13 of them had vari- be asked is why should public ‘Cracko’ houses ous defects, ranging from roof- funds be used to pay for equip- leaks, cracks on the wall and ment for the crew from a private By September 2005, RM157 mil- floor, and damaged toilets. television company? lion had been allocated to Syarikat Perumahan Negara Puteri UMNO Some renovation! Berhad (the National Housing gets a slice Corporation) to finance the Peo- RM4.5 million was spent to reno- ple’s Housing Loan Scheme. By A sum of RM110,000 was paid to vate the Negri Sembilan’s govern- that time, 857 ‘Rumah Mesra sponsor the Sungai Petani Puteri ment guest-house for use as the Rakyat’ houses had been built. In- UMNO’s Tuition Centre pro- official residence of the Menteri volved in the project were Class F gramme based on a project pro- Besar. The AG noted, somewhat contractors who had received the posal paper, said the AG. But he matter-of-factly, that the expendi- support and approval of certain merely observed that such pay- ture was not in line with the ob- elected representatives. ments should have been based on jective of the Fund. q

Aliran Monthly : Vol.26(8) Page 24 COMMENTARY A Season of Shame for the USA Terrible downslide in the American government’s sense of justice by Dr Wong Soak Koon

n article in The Star ( 20 when leaders fan up anxieties the heart of the matter is the sanc- AA August 2006 ) caught my about “national security.” tity of a centuries-old tradition AAA attention because it ech- of jurisprudence. oed my feelings about Some years ago when Bush Sen- American “democracy” today. ior was in the White House and As Sokol rightly and honestly Sokol, an American lawyer who the Gulf War was raging, I had points out, it isn’t as if American practised constitutional litigation written a letter to the Aliran history did not show instances of in the US federal courts, has cap- Monthly as well as to local news- abuse eg. in the case of Native tured the terrible downslide in the papers expressing my sense that Americans, in lynchings and American government’s sense of any contravening of laws abroad other instances of racial violence. justice. He writes: “Government will inevitable boomerang back on But American history has also lawyers are proposing that US citi- American society causing a shown many examples of indi- zens can be detained and then downslide in civil liberties and a viduals who stood up for justice tried in secret trials – in absentia, surreptitious erosion of the corner- and liberty at considerable per- in some cases – using secret evi- stone of justice which the Found- sonal cost. What is most troubling dence that the accused cannot see. ing Fathers laid down. I believe at this point in time is the impres- If the evidence is obtained by co- that Ronald Sokol’s article shows sion that there may be willingness ercion, government lawyers con- I may be right. to condone the most shameless tend that it should still be allowed and flagrant disregard of due as a basis for conviction, thus re- It seems to me that a sense of para- process. The coinage of new- jecting almost 300 years of Anglo- noia, a sense of being besieged fangled terminology such American jurisprudence.” That only plays into the agenda of poli- as”unlawful combatants” often such a total disregard for due proc- ticians and certain other forces in aids in obfuscating issues. One ess can even be considered bog- society. Should the American remembers that in the Gulf War gles the mind and reminds us how people allow a post 9-11 anxiety certain terms were also coined to true it is that human beings rarely and fear to override their concern euphemize and make palatable learn from history. with the erosion of “the funda- escalating civilian deaths. mental rules of a civilized soci- Sokol quotes Chief Justice Earl ety”? The test ahead for fair- But all is not lost. The American Warren who once wrote that the minded women and men in the government is certainly NOT the American people must insist that US today is how willing they are American people. I am confident the government be put “to the to express their unease with the that there are many thinking and task of proving guilt by means insidious undermining of the self-reflexive Americans who are other than inquisition” because democratic foundation of their so- already assessing the situation American history itself has ciety. What are the limits to Ex- and reflecting on how they will shown many occasions of abuse. ecutive power under the Ameri- cast their next vote. Even before And yet it appears that the inqui- can Constitution and how and ballot boxes appear many will sition mode is now in vogue. when have they been violated? already seek lawful and demo- Human beings are apt to suffer More is at stake than the mis- cratic means to voice their sin- from selective historical amnesia deeds of one administration. At cere concern. q

Aliran Monthly : Vol.26(8) Page 25 torical events that shape the na- sinking deep and was helpless. tion’s collective consciousness, from the struggle for Merdeka to By an act of providence a fellow the institutionalisation of the New patient who was passing by my Economic Policy? Are we honest bed to go to the wash-room, real- and unbiased in writing or re- ising my plight, ran out and writing history textbooks for use called for help. I was given glu- in schools? Honest and brave cose by intravenous injection and answers to these question may saved in the nick of time. But for lead to better solutions than sim- the timely help of a fellow patient, Letters must not exceed 250 ply offering a mandatory ethnic I would have lapsed into a coma words and must include the relations course to all under- and got a discharge not only from graduates. the hospital but also from planet writer's name and address. Earth itself. Pseudonyms may be used. Send Finally, lecturers at universities letters or emails to Editor (see must strive to teach in ways that When I was slipping into a coma, page 3 for address details). encourage their students to read there was hardly any help avail- Views expressed need not reflect and think. There is no end to the able because it was the month of those of Aliran. If e-mailing, kind of courses we need to add on Ramadhan and the staff had gone include message in the e-mail to the university curriculum if our to buka puasa. During my stay in body itself. young people do not know how the ward, I could hardly see any to think. other ethnic group except for a couple of Chinese doctors. Why the Need for an Dr. Gan Siowck Lee Ethnic Relations Kuala Lumpur Such situations are felt in many Guidebook? other areas of the public sector. Ethnic Imbalance There is a great exodus to the I cannot agree more with what Dr. in the Public kampongs during the Hari Raya Wong pointed out in “Reflections Service Sector festive season, and this inevitably on the Ethnic Relations Course”. affects the service. What prompted me to write this At long last the Ministry of Health letter, however, is a recent report is focusing attention on the short- In Kuala Lumpur the tourists in theSun with the headline: age of Chinese and Indian nurses. wonder whether the cabbies are “Shelved book still in use at This is a welcome step in the right off the road on Friday afternoons UPM”. direction. The percentage of Malay because that is when Muslim taxi nurses according to the Ministry’s drivers go for prayers. The taxi One wonders what has caused Parliamentary Secretary is about permit holders are predominantly the lecturers at UPM to resort to 80 per cent. However, I cannot Muslims and they too have to ful- such a defiant and desperate agree with his statement that the fil their religious obligations. The measure. Or, why the Higher Edu- situation is not critical. taxi stand at the HUKM in Cheras cation Minister has come to their is an example. On Friday after- defence with such unacceptable Such ethnic imbalance particu- noons one would have to endure excuses/remarks. If these aca- larly in the essential services can a long wait before getting a taxi. demics need a guidebook to teach be life threatening. I was admit- the course – especially one writ- ted to a teaching hospital for a The recruitment policy for the ten in two weeks — should they cataract operation. After the op- public sector needs to be looked be teaching the course at all? eration I was pushed into the into seriously. There was a quota ward. At about 7 pm I had a sud- system in place and if this was im- Why is a course in ethnic relations den attack of hypoglycemia due plemented such critical situations necessary at all at institutions of to an abnormal reduction of sugar would not have prevailed. The higher learning in Malaysia, 49 content of the blood. I wasn’t able authorities need to look into this years after the nation attained its to get out of bed or call for help. I seriously before the situation independence? Is our school edu- pressed the nurse call button. I worsens further. cation system fulfilling the basic was able to hear the alarm and see function of citizenship building? the red light flashing. There was N S Wigneswaran Are our schools teaching key his- no response for a long time. I was Selangor

Aliran Monthly : Vol.26(8) Page 26 THE 1988 JUDICIARY CRISIS : PAGES FROM THE PAST A Man Wronged Tun Salleh’s Side of the Story - Part 2

It is unbelievable how evil forces can conspire, lie and cheat in order to remove a man who was perceived to be a threat to the power base of the powerful. The man who was wronged continues with his rebuttal of the findings of the Tribunal which conducted a kangaroo court to do him in:

“This finding of the Tribunal is ca- pricious and judicially outrageous. In coming to that finding, the Tri- bunal disregarded all the evidence before it.”it.”before Allegation 3 This Allegation concerned an appeal which I had “The Attorney - General’s superfi- adjourned sine die. A child had changed her reli- gion to Islam. The parent, alleging that he had not cial questioning... contradicts the consented to the conversion, had applied by Origi- assumed role he was given by the nating Summons to the High Court at Kota Bahru Tribunal’s Rules of Procedure: for a number of declarations. The application was dismissed by the Court after a hearing in Chambers. there was, on his part, no attempt at all to ascertain the truth.” On the documents placed before the Tribunal, it seems very clear that my decision to adjourn sine die the hearing of the appeal (which had been fixed for “To make a finding against me on 3 August 1988) was a result of an application re- the evidence of this witness is irra- ceived from the Appellant’s solicitors, Messrs Shan tional: no reasonable tribunal & Gooi, dated 23 July 1987 (at Vol. 4), which states ... would or could have come to such “... sukacita sekiranya perbicaraan rayuan tersebut dapat a finding on such evidence.” ditangguhkan kepada suatu tarikh kelak sebab kami ingin membuat suatu permohonan bagi leave di bawah sek. 68(2) Courts of Judicature Act, 1964”.

Aliran Monthly : Vol.26(8) Page 27 There can be no doubt that the der? Appellant, by this letter, was ap- plying for the hearing to be ad- Encik Haidar bin Mohd NoorNoor: journed sine die because the appeal It will be shelved indefinitely. could not be proceeded with until the leave under s.68(2) had been Mr. Justice T. S. SinathuraySinathuray: obtained. In an instance such as From your experience. what hap- this, where it would not be possi- pens if a matter is adjourned sine ble to know yet when the leave die, is it kept aside until such time would be obtained, it is normal to one or the other party writes in adjourn the hearing without fix- and requests for it to be restored? ing a definite date (that is, the hearing is adjourned sine die or in- Encik Haidar bin Mohd NoorNoor: definitely): any of the parties Yes. Senior Assistant Registrar: Didn't he would then be at liberty to apply know what was meant by sine die?die?sine to the Court to have a date fixed Tan Sri Abu Taib OthmanOthman: for hearing or disposal. The Until to this date, the file remains Order of Court and thereby caused Courts grant such adjournments as it is with the note from the Lord itself to suffer from a serious mis- frequently, especially if the re- President “adjourned sine die” conception. No formal Order of quest is made by the Appellant. Court need be made when grant- Tan Sri Abdul Hamid bin Omar, Encik Haidar bin Mohd NoorNoor: ing an adjournment. The grant- as the Chief Justice, must surely Yes. We informed the counsel on ing of an adjournment is an ad- be familiar with this. 31.7.87 accordingly that this case ministrative instruction which had been taken off and will be may be varied at any time on the That the Tribunal could find any fixed at a later date. application of the parties or at the substance at all in this charge is instance of the judge granting the most extraordinary. From the letter by the Senior As- adjournment. sistant Registrar(Encik Haidar A perusal of the Notes of Evidence bin Mohd Noor) it states At page 44 of Vol. 4, the Attorney- (page 45, Vol. 4) shows the ap- that “to a date to be informed General disclosed the real motive proach which the Tribunal, the later”. The letter does not say “ad- for bringing this charge against Attorney-General and the witness journed sine die” me, when he said: - (the Chief Registrar, Encik Haidar bin Mohd Noor) had taken on the The Senior Assistant Registrar, for “This case has the impact on the soci- charge and which led to the Tri- one, knew what was meant by sine ety of this country because our coun- bunal’s astonishing finding: - die. In the light of the evidence of try is multi-religious and multi-ra- Encik Haidar that “matters per- cial. We use this case in view of the `Tan Sri Dato Abdul Hamid hin taining to Supreme Court appeals views expressed by the Lord Presi- Haji OmarOmar:OmarHaji would normally be handled by the dent in his speech. Not only the Order of sine die would mean that Senior Assistant Registrar”, and Courts but the executive and the leg- it is just lying there without com- that he himself was not quite sure islature should be bound by the Is- ing up for a final order. So this is of the facts, it is surprising that lamic law.” something out of the ordinary. the Senior Assistant Registrar was not called as a witness to explain How was this relevant to Allega- Enciik Hadar bin Mohd NoorNoor: the purport of an adjournment sine tion 3? Nevertheless what he said This is the first time I came across die. seems to have influenced the Tri- an order like that. bunal into dealing with this Alle- It is also surprising that the grant- gation and Allegation 2(iv) to- Mr. Chief Justice K.A.P. ing of the adjournment was re- gether (page 37, Vol. 1). The Tri- RamasingheRamasinghe: garded and treated by the Tribu- bunal, in its conclusion, states (at What is the effect of sine die or- nal as the making of some formal page 43, Vol. 1):-

Aliran Monthly : Vol.26(8) Page 28 “The effect of this order was that the stored. Pertuan Agong who took ex- appellant could not proceed with his ception to the letter I sent on 26 appeal, and therefore was unable to To say of the Tribunal’s finding March, the Report did not have, obtain the relief he sought. It is clear on this charge that it was unfair by way of annexure, a copy of from the evidence of the Chief Regis- is to understate the callousness of that letter. Instead what was trar that the respondent had in this the attitude taken by its members. included (in Vol.5) was a copy instance departed from the usual prac- The finding is clearly perverse. of a letter of identical content tice. It was contended by the Attorney also dated 26 March 1988, - General that such discriminatory Allegation 4 signed by me and addressed treatment meted out to the applicant to His Highness the Sultan of by the respondent had been delib- I have dealt with this Allegation Pahang. How this letter was erately done for extraneous consid- in some detail in the Preliminary relevant to this Allegation and erations. Whatever may have been the Statement I issued on 10 August how the copy of it came into ground for such act, it is clear that it and wish now to add only the fol- the possession of the Attorney- is not an act arising from mistake or lowing:- General (who framed the error of judgment and stands unex- charges) was not explained to, plained before us.” a.a.a. The Tribunal seems to have nor gone into or considered by, omitted to deal specifically the Tribunal. There was no This finding of the Tribunal is ca- with charge (iii). This charge hint whatsoever of His High- pricious and judicially outra- relates to the allegation made ness the Sultan of Pahang hav- geous. In coming to that finding, in the Press Statement issued ing complained on the letter the Tribunal disregarded all the by the Prime Minister’s De- sent to him. evidence before it: the Tribunal partment on 31 May 1988, that deliberately ignored: - the Yang di-Pertuan Agong Allegation 5 took exception to my letter of a.a.a. that the application for ad- 26 March. Considering the im- This Allegation states that I had, journment was made by the portance of this charge (which subsequent to my suspension, appellant himself (through his was said to have started the made various statements which solicitors); whole process against me), the contained untruths and which b.b.b. that the other parties to the Tribunal’s apparent oversight were calculated to politicise the appeal did not object to the ap- is glaring. issue between the Government pellant’s request for the ad- and myself and to further discredit journment; b.b.b. Although it was the Yang di- the Government. c.c.c. that it had been the practice of the Supreme Court to grant ad- The principal charge against me journments requested for by was that I had made public a state- any party for good reasons, ment to the effect that, at my meet- without the matter having to ing with the Prime Minister on 25 be called up on the hearing May, he had said that another rea- date; son for steps being taken to re- d.d.d. that the Chief Registrar, in an- move me from the office of Lord swer to Mr. Justice T.S. President was that I had ex- Sinathuray, agreed that the pressed partiality in the UMNO matter was kept aside “until cases. It was alleged that such a such time one or the other statement was never made by the party writes in and requests for Prime Minister. it to be restored”. e.e.e. that since the adjournment, Tan Sri Sallehuddin Mohamed, Abu Talib: How come a copy of neither the Appelant nor any letter address to His Highness the the Chief Secretary, who was of the other parties had writ- Sultan of Pahang was in his present at the meeting of 25 May, ten in for the appeal to be re- possession? and who took notes of what was

Aliran Monthly : Vol.26(8) Page 29 said, was called as a witness to He said it is up to the Prime Min- Tan Sri Sallehuddin Mohamed: give evidence; and his testimony ister to do. Then he left. That is No. My note book only mentions in relation to this issue is as fol- about the gist of all. two things. That Lord President lows:- wrote the letter to the Agong and Tan Sri Dato Abdul Hamid bin speeches made against Govern- Tan Sri Abu Talib OthmanOthman: Hj OmarOmar:OmarHj ment interest. These are in my note Can you please tell the Tribunal You mean he just stood up and book. I cannot recall him saying whether or not the Prime Minister left. anything about UMNO. said that this action was taken because of the fact that Tan Sri Sallehuddin MohamedMohamed: Tan Sri Dato Abdul Hamid bin he is biased in respect of UMNO Yes, he said there is nothing more Hj OmarOmar:OmarHj cases then pending for us to discuss. He said he has Have you got the note book? in court? got job to do and hestood up and shook hands with the Prime Min- Tan Sri Sallehuddin MohamedMohamed: Tan Sri Sallehuddin MohamedMohamed: ister, Deputy Prime Minister and Yes. I do not recall what the Prime Min- myself and left. ister said, that UMNO cases is the Tan Sri Dato Hamid bin Hj reason for the Agong asking the Tan Sri Mohamed Zahir IsmailIsmail: Omar:OmarOmar Lord President to relinquish his Nothing was mentioned about the I think that would be all. post. UMNO cases? The questioning of the above wit- Tan Sri Abu Talib OthmanOthman: Tan Sri Sallehuddin MohamedMohamed: ness, in particular, shows the as- That is about all that would be I cannot recall. surances previously given that the necessary for that charges. Un- Tribunal would act fairly, to be less Your Lordships have Tan Sri Mohamed Zahir IsmailIsmail: hollow. Why was it that this wit- questions. Did you take any note? ness, who was there to take notes of what transpired at the meeting Tan Sri Dato Abdul Hamid bin Tan Sri Sallehuddin MohamedMohamed: of 25 May, could not answer posi- Hj OmarOmar:OmarHj Yes, I took note. I had a notebook tively to the question as to Assuming that Tun Salleh had and I jotted down as they were whether or not the matter of the claimed that there are some other speaking. UMNO cases was mentioned: his things he should have been told, answer that he “cannot recall” but were not told, would you tell Tan Sri Mohamed Zahir IsmailIsmail: (said on three occasions) is most us how long did he really stay In your note book was there any evasive. Since his evidence was there? How long did he stay there, mention about UMNO cases? that he had jotted down notes “as or the Prime Minister asked him to go?

Tan Sri Sallehuddin MohamedMohamed: The Prime Minister did not ask him to go. It was roughly 5 to 6 minutes. I recall it was quite a short meeting.

Tan Sri Dato Abdul Hamid bin Hj OmarOmar:OmarHj Why was that?

Tan Sri Sallehuddin MohamedMohamed: Tun Salleh said that he cannot Sallehuddin: Strangely he could not Hamid Omar: Why didn't he ask for accede to the request of the Agong. recall!recall!recall! the notebook to be produced?

Aliran Monthly : Vol.26(8) Page 30 they (the Prime Minister and I) appeal was subsequently fixed by On the Allegations against me, the were speaking” and that his note- Tan Sri Abdul Hamid for hearing Tribunal did not seem to have book made no “mention about the for 8 August but before a panel of addressed its mind at all to the UMNO cases”, why did he not only five judges, made up of three disclosure made by the Statement make a straightforward denial. Supreme Court judges (himself, issued by the Prime Minister’s De- His repeated statements that he Tan Sri Hashim bin Yeop partment dated 31 May 1988, that could not recall needed to be ex- Abdullah Sani and Tan Sri Lee it was the Yang di-Pertuan Agong plained. Hun Hoe) and two High Court who initially wanted me re- judges nominated to sit in the Su- moved. There was no mention in In the light of the inconclusive re- preme Court by Tan Sri Abdul that Statement of the other repre- ply, why did the Chairman stop Hamid. sentations said to have been made short of asking for the notebook to by the Prime Minister to the Yang be produced as an exhibit for ref- My suspension following so di-Pertuan Agong on 25 May. erence. It does not require any ex- closely from my decision to fix the pert legal knowledge to know that hearing of the UMNO appeal and That there were such representa- the notebook would be material to the even more prompt action to tions made by the Prime Minister corroborate or disprove what the adjourn the hearing (taken almost were disclosed in the Charges witness said. Where the proceed- simultaneously following upon which were served on me on 17 ings take on the nature of an en- the service on me of the letter of June; but my solicitors’ request to quiry, as here, it would be the duty suspension), show the importance be furnished with a copy of those of the Tribunal itself to get at the of the UMNO appeal in this af- representations (made by their let- truth of the matter. fair. ter dated 21 June) met with the response stating essentially that the In this regard, too, the Attorney- One fact stands out from the Re- representations were in the docu- General’s superficial questioning port. The Tribunal’s objective by ments containing the Charges. of this witness contradicts the as- the “enquiry” seemed to have Astonishingly, copies of what sumed role he was given by the been to look for proof of my “guilt” purported to be the representa- Tribunal’s Rules of Procedure: on the charges framed against me. tions were given to my solicitors there was, on his part, no attempt Instances of bias on the part of the in Court only on 14 July, when at all to ascertain the truth. Chairman have been shown from they were tendered to the Court, the way questions were asked of and even then not verified by any To make a finding against me on witnesses. His suggestion to the affidavit or authenticated in any the evidence of this witness (that Chief Registrar that the granting form. he could not recall whether the of the order of adjournment sine UMNO cases were mentioned at die was “something out of the or- From the onset I had reservations the meeting) is irrational: no rea- dinary” and his stopping short of on the object of the Tribunal and sonable tribunal would or could calling for the production of the the integrity of its proceedings. I have come to such a finding on notebook from Tan Sri had objected to both its composi- such evidence. Sallehuddin were most revealing. tion and its procedure but my ap- plications for an adjournment for It is a matter of record that, on 27 In many instances, he allowed good cause was also rejected. All May 1988 (the day I received the inferences and assumptions to be these led me to conclude that the letter of suspension), Tan Sri drawn from facts which he per- Tribunal was not going to act Abdul Hamid bin Omar, in his ca- sonally knew were incorrect: he fairly. Looking at the Report now, pacity of Acting Lord President, did not inform the Tribunal of the I do not have any doubt that my adjourned to a date to be fixed the circumstances which led to the decision not to participate in the UMNO appeal (which I had a few Judges’ meeting of 25 March 1988 proceedings was right, no matter days earlier fixed for hearing for (where he was present) and what the Tribunal members may 13 June before a full Bench of nine which led to the letter dated 26 now suggest. q Supreme Court judges). It is also March being sent to the Yang di- a matter of public record that that Pertuan Agong and the Rulers. Source: AM Vol.8 No.6, 1988

Aliran Monthly : Vol.26(8) Page 31 THE 1988 JUDICIAL CRISIS Nazri, here are the new facts A response to Nazri’s statement on the review of the 1988 judicial crisis by Tun Salleh Abas

must thank YB Datuk II Seri Nazri Aziz for agree- III ing to the review of the 1988 Judicial Crisis if “new and important” facts emerge.

In response to his comments, it seems to me that he has not agreed to the review because the decision of the two tribunals – the first tribunal which decided on me and the second tribunal which decided on my five other colleagues – were accepted by the Yang di- Pertuan Agong and the Govern- ment in 1988. Thus, he would agree to the review only “if there are new and important facts in the this Constitution”. Thus, the Yang the recommendations of the two case”. di-Pertuan Agong is not even al- tribunals when they were submit- lowed to refuse advice tendered ted to His Majesty. Agong cannot refuse by the Cabinet or the Prime Min- ister. This is further provided in In my view, no emphasis need In refusing to agree to a review of Article 66(4)(a), where the Yang therefore be placed on the accept- the 1988 Judicial Crisis, the Hon- di-Pertuan Agong cannot refuse ance of the recommendations of ourable Minister seems to also to assent to a bill passed by Par- the two Tribunals by the Yang di- place great reliance on the fact that liament. He is given three months Pertuan Agong since, in the light acceptance of the recommenda- within which to assent to the bill. of constitutional provisions and tions by both tribunals was also If he fails to do so, the government practice, His Majesty’s powers accepted by the Yang di-Pertuan is free to gazette the bill into law. have become, with respect, almost Agong. procedural and reflect the wishes The history of this country has of His Majesty’s Government - According to Article 40(1) of the shown that the Yang di-Pertuan even if the Prime Minister of the Federal Constitution, the Yang di- Agong has never acted against day is dictatorial. That the then Pertuan Agong as a Constitu- the wishes of the Prime Minister government of the day was dicta- tional Monarch must act “in ac- or the Cabinet including on the is- torial was admitted by the Minis- cordance with the advice of the sue of depriving the Rulers of their ter himself in one of his recent Cabinet or a Minister acting un- own immunity. There is therefore press statements. der the general authority of the no way for the Yang di-Pertuan Cabinet, except as provided by Agong to refuse consent to accept As regards “new and important

Aliran Monthly : Vol.26(8) Page 32 facts”, which are the conditions ber panel of the Supreme Court to Offer to stated by the Minister on which hear the appeal. forgive foiled the review could be held, these facts should actually be given to I strongly denied the accusation The third incident took place on the Tribunal or Commission (or and told him that I was not pre- 24 June 1988, almost a month af- whatever authority) charged with pared to resign. Then he threat- ter my suspension as Lord Presi- investigation into the matter ened to dismiss me by instituting dent, when two benevolent mes- should the government decide to a tribunal under the Constitution. sengers arrived at my home to tell order the review. However, since I told him I was prepared to be dis- me that some Malay Rulers then the Minister prefaced his agree- missed rather than leave the judi- gathered at Istana Kelantan at ment to review the 1988 judicial cial office under a cloud. This was Jalan Kia Peng wanted to see me. crisis only if so-called “new and a very short meeting and after I Post haste, I made my appearance important facts” emerge, I shall had left the Prime Minister’s of- before Their Royal Highnesses. I now touch on five incidents only fice and returned to my chambers, was informed that the Yang di in general terms without labour- I immediately wrote by way of an Pertuan Agong (HRH the Sultan ing into detail. aide memoir a note of what had of Johore), had just left the meet- transpired during that meeting. Link to UMNO 11 case That note coincidently appears in the latest issue of Aliran Monthly. The first incident relates to my meeting with the then Prime Min- Offered lucrative ister in his office on Friday 27 May job in Jeddah 1988 in the presence of the then Deputy Prime Minister and the The second incident relates to the then Chief Secretary to the Gov- visit to me on the same day of a ernment. I was asked by the then messenger who was a very impor- Prime Minister to step down be- tant officer of the Government. He cause I was accused of being bi- came with the idea of persuading ased in the discharge of my judi- me to resign or go on long leave cial duties. My understanding of and, at the same time, threatened this accusation was that it must me with dismissal should I choose have been connected with the im- not to. Were I to resign, I would be pending UMNO 11 case, when I appointed to a lucrative job in HRH the Raja of Perlis informed me that an agreement was reached decided to establish a nine-mem- Jeddah as a director of Islamic Bank with a high salary I could ing. Taking the lead upon my ap- never have dreamed of, coupled pearance was HRH the then Raja with an unlimited amount of en- of Perlis and also present were the tertainment allowances and trav- other Malay Rulers or their repre- elling expenses. The officer said sentatives. (The Sultans of Kedah he had been authorised to pass and Selangor were away, abroad, this message to me by a very im- and the Sultan of Pahang was portant minister. unable to attend on account of the serious illness of his then Consort, When I told him that I could not who in fact passed away the fol- accept the offer, I was then threat- lowing day.) ened with dismissal and the ig- nominy of having to face a tribu- I was informed by HRH the late nal. My answer to the messenger Raja of Perlis that agreement was was the same as I had given to the reached between the Yang di- Prime Minister earlier on in the Pertuan Agong and the Rulers Dr Mahathir: He threatened to dismiss me day. then present that should I tender

Aliran Monthly : Vol.26(8) Page 33 my apologies to and ask forgive- ness from the Yang di-Pertuan Agong for writing my impugned letter to His Majesty at His Majes- ty’s Istana Bukit Serene in Johore Bahru, my suspension would be lifted and the matter would end there. I was to travel to Istana Bukit Serene with my chief counsel, Yang Mulia Raja Aziz Addruse.

Since we could not get seats on the plane, I decided to travel to Johore Bahru by car whilst Yang Mulia Raja Aziz chartered a pri- Tan Sri Wan Suleiman and Datuk George Seah: vate aircraft for that purpose. Two valiant judges dismissed Upon my arrival in Johore Bahru, I was admitted into the Istana but and when he finally did so, my that upon my refusal to recognise Yang Mulia Raja Aziz, despite all application was dismissed. the composition of the Tribunal the trouble he took to charter the especially with regards to the ap- plane, could get only as far as the I appealed to the Supreme Court pointment of its chairman on gates of the Istana as he was pre- and succeeded. An Order of the grounds of a serious breach of vented from entering the palace. Court must always be sealed be- natural justice, I was, in my ab- At the Istana, contrary to my ex- fore it is served on the respond- sence, adjudged guilty and sub- pectation, my mission was a fail- ent. The Chief Registrar of the sequently dismissed. ure because the Yang di-Pertuan Supreme Court was the keeper Agong had earlier been briefed by of its seal but when I succeeded The five Supreme Court judges two very senior government offic- in my appeal, the seal could not which allowed my application ers from Kuala Lumpur not to for- be found as it was purposely were themselves suspended. An- give me for the wrong I had not hidden. However, after a search other Tribunal was established to committed. by the late Tan Sri Wan try them and two of these valiant Suleiman, the seal was discov- judges, namely the late Tan Sri Engineered ered. The sealed copy of the Or- Wan Suleiman and Datuk George suspensions der had then to be served on the Seah, were dismissed. The other respondent tribunal which was three, namely the late Tan Sri The fourth incident relates to the located at Parliament House. Eusoffee Abdoolcader, Tan Sri suspension of my colleagues with Azmi Kamaruddin and Tan Sri the eventual dismissal of two of But when my counsel Raja Aziz Wan Hamzah, were reinstated. them. The suspension was engi- Addruse attempted to effect serv- neered for the purpose of thwart- ice of the Order on the respond- If the Supreme Court Order were ing them from hearing my judicial ent, he found that the authorities obeyed, my reinstatement would review application challenging had ordered the Parliament gates have automatically followed and the legality and constitutionality closed. However, at the request this would have been unaccept- of my suspension and the compo- by the late Tan Sri Wan Suleiman able not only to the government of sition of the tribunal to deal with for assistance from the office of the the day but also to those who my dismissal. A particular High IGP, the gates were opened and would benefit from my dismissal. Court judge who was reluctant to the Order was served. Despite re- Thus, my five colleagues were hear my application feigned ill- ceipt of the Order, the Tribunal unjustly suspended with all the ness on the day fixed for hearing. proceeded with its deliberation. consequences that have adversely His replacement did his utmost to affected them and their families delay hearing my application, The end result of this incident was until this day.

Aliran Monthly : Vol.26(8) Page 34 Johor Sultan Military Force (JMF). My advice to ing a special reference organised wanted to apologise HRH was that the JMF, which by the Malaysian Bar in Tan Sri was established long before the Wan Suleiman’s memory and The fifth incident relates to the Malay Regiment, was and is part honour should give an indication Government’s action to deprive of the privileges of the Sultan of on the role played by my late col- the Rulers of their immunities. The Johore and, without the consent league during the crisis which, in late Tun Suffian and I acted as ad- of His Royal Highness, such privi- the learned Tun Suffian’s opin- visors to the Rulers. leges could not legally be with- ion, certainly did not deserve his drawn. My opinion was con- dismissal. Datuk George Seah is firmed by Mr Neil Lawson, QC, currently unwell to make any con- the legal adviser to the Malay Rul- tribution to YB Nazri’s call for ers during the negotiation for “new facts” but the series of arti- Merdeka. cles on the crisis written by him not so long ago continue to appear There was no doubt that HRH in the websites of both the was very pleased with my effort Malaysian Bar and Aliran. over HRH’s then predicament and, in appreciation thereof, offered to make a public apology in Johore Bahru over HRH’s role in my dismissal. The Johore Palace then began to put in place arrange- ments for the occasion but, once HRH Sultan of Johore: Offered to make a public apology again, mightier hands from Kuala Lumpur managed to persuade By then, HRH the Sultan of Johore HRH from keeping to his pledge. was no longer the Yang di- Pertuan Agong and His Royal Wronged judges Highness was very concerned want a review about the government’s intention. This was my first audience with The above are some of the new His Royal Highness after my dis- facts which I hope could persuade Tan Sri Azmi Kamaruddin: Has come out publicly for a review missal. HRH said to me in no un- YB Datuk Seri Nazri to change his certain terms that he very much mind. These incidents undeniably Knowing the character of the late regretted what had happened to go to show that come what may, I Tan Sri Eusoffee Abdoolcader, I me as he said he then realised that must be made to give up my judi- am sure that he too would sup- he had been “made use of”. cial office. There would of course port a review. Tan Sri Azmi be other incidents and other de- Kamaruddin has already come I told HRH that there was no need tails which would emerge if the out publicly for a review. I believe to feel sorry for me personally but review is held but, for the time be- Tan Sri Wan Hamzah is also of he should express his regrets and ing, I shall keep the identity of this view. apology to the people of this coun- those unnamed persons in this try for losing a judiciary that was statement concealed. For these reasons, I hope that YB independent and could look after Datuk Seri Nazri will present the their rights. As regards responses from the proposal to the Cabinet for a re- other two judges who were also view of the 1988 Judicial Crisis so I was later summoned again by dismissed, Tan Sri Wan Suleiman that the truth of this important epi- HRH to Istana Bukit Serene for is no longer with us. His widow sode in our nation’s history is advice after HRH learned that a has, nevertheless, supported the uncovered. q bill had already been introduced call for a review. But the speech in Parliament to disband the Johor made by the late Tun Suffian dur- 26 September, 2006

Aliran Monthly : Vol.26(8) Page 35 THE 1988 JUDICIAL CRISIS Let the truth about the 1988 judicial crisis surface The ‘finality argument’ cannot apply to a society in pursuit of the truth by Yeoh Yang Poh

he Bar Council has re- ciary. It mocks the rule of law, and TT cently called for an im- strikes at the foundation of democ- TTT partial review of the 1988 racy. judicial crisis. The call has received widespread support The serious implications con- from civil society organisations, tained in this admission must despite the lapse of 18 years since surely, in addition to the many the events occurred — which in- other reasons that already exist, dicates the traumatic and lasting make a review of those events of effect those events have had on 1988 imperative. ing remedy. It does not, and can- Malaysian society. not, apply to a society in pursuit It is, quite simply, a question of of the truth. One cannot argue The Minister in charge of law in- seeking the truth. Are we not in- that, because we need finality in dicated that a review might be con- terested in the truth? Can we af- our legal or administrative proc- sidered if there are “new and im- ford not to be? Is Malaysian soci- esses, we should let the truth be portant facts”. Tun Salleh Abas ety not entitled to the truth? buried or history be packed with has responded with several. One errors. of his revelations is that he was When our current Prime Minister asked by the then prime minister, came into office, he had asked the What happened in 1988 has been Tun Dr Mahathir, to resign from people to always tell him the consistently described, both do- his post as the Lord President or truth. He wanted the people to be mestically and internationally, as face dismissal. frank with their views and their a judicial crisis. No one has suggestions. sought to call it by any other name Significantly, Tun Dr Mahathir (such as “judicial reform”). This now admits that he had indeed The people, in this instance, are in itself is telling. This by itself done so. answering his call. We are say- cries out for a truthful re-exami- ing that we need to seek the truth nation. For the head of one branch of gov- about these important matters. It ernment (i.e. the Executive) to re- is the Prime Minister’s turn to an- This is a cry for justice. It is a cry quire or demand the resignation swer the people’s clamour for the to continue the truth. q of the head of another branch of truth. government (i.e. the Judiciary), is an obvious violation of the prin- A review cannot be denied by ar- Yeo Yang Poh is chairman of ciple of separation of powers. It guing that there must be “final- the Malaysian Bar Council. also amounts to an admission of ity” in the case. The “finality ar- Executive interference in the Judi- gument” applies to a person seek-

Aliran Monthly : Vol.26(8) Page 36 NAZRI, CABINET NOT INTERESTED IN JUSTICE Continued from page 40 ery of the basic law of our land.” were speaking. It would be safe to assume that he was jotting down Most despicable everything that was being said.

Datuk Nazri, to be sure, will dis- Yet, when it was posed to him by miss this as the personal opinion the Attorney General whether the of Tun Salleh, who is embroiled in Prime Minister had mentioned this controversy. Unfortunately for that Salleh was biased in respect him, this is not the only opinion. of UMNO cases then pending in court, Sallehuddin merely said, “I Various eminent individuals and do not recall…” respected groups had soundly condemned the entire process He did not affirmatively reply leading to the dismissal. They ex- “Yes” or “No”. His reply meant pressed their outrage that natural that he could not remember. That justice had been set aside. They was a ridiculous answer. Since he were appalled that the basic prin- had taken down notes and he had Abu Talib: What was his role in this nefarious episode ciples of the Universal Declara- that notebook with him at that in- nefarious episode tion of Human Rights and of the stance for reference, he could have Rukunegara were trampled upon provided a clearer answer. Aston- Can we be persuaded to believe with such impunity. ishingly, the judges did not ask that this must have been sheer co- him to refer to his notes; neither incidence! Are we to believe that And what of the witnesses assem- did they ask for the notebook that the UMNO 11's appeal had noth- bled to testify before the Tribunal? he claimed to have with him in ing to do with Tun Salleh disorder to verify that it was the same missal? That world-renown Tun notebook containing his jottings. Mohamed Suffian, the former But the point is there was no hon- Lord President, in a stinging in- Wasn’t the UMNO 11 appeal the est and serious attempt to get to dictment, bluntly stated, “The four central and crucial issue for the the truth. Questions were posed witnesses called by the Attorney- removal of Salleh? The Lord Presi- that would yield answers that General before the Tribunal set up dent had fixed 13 June 1988 for could incriminate Salleh – and (to remove) Tun Salleh each de- the appeal to be heard before a full nothing more. clared to tell the truth and noth- bench of nine Supreme Court ing but the truth; they were not re- Judges. This was established be- And how did the judges serve the quired to tell the whole truth. In- yond doubt by the conduct of cause of justice? deed the whole truth was not al- Hamid, the chairman of the tribu- lowed to emerge…” nal and Salleh’s successor as the Dr Andrew Harding of the Law top judge, in this affair. On the Department of the School of Ori- This is very true when one looks very day that Salleh was sus- ental and African Studies put it at the evidence elicited from that pended - 27 May 1988 – Hamid succinctly: “What the judges did star witness, Tan Sri Sallehuddin postponed the hearing scheduled was not to annoy the Executive by Mohamed, the Chief Secretary to for 13 June. And wonder of won- importing alien English or other the Government. Sallehuddin ders, on the very day Tun Salleh foreign legal concepts, but to im- was present when Mahathir sum- was dismiss – 8 August 1988 – agine that they had the right and moned Salleh and told him to quit the UMNO case was before the Su- discretion to develop a distinctly as the Lord President. He was preme Court. And the appeal was Malaysian public law. What the there taking down notes as they dismissed on the following day. Executive has done is to sacrifice,

Aliran Monthly : Vol.26(8) Page 37 for the sake of a transitory, tempo- letter was offending, didn’t he And what about the Attorney rary and possibly illusory politi- contribute to the offence as well? General Tan Sri Abu Talib’s role cal advantage, the priceless asset in this nefarious episode? His role of judicial independence.” To make matters worse, he was was to guide the Tribunal and es- fully aware that, following tablish the truth. But what did he And what was the verdict on the Salleh’s sacking, he was next in do? Report? line to be the Lord President. Wasn’t he conscious of the glar- Salleh had emphatically ad- That leading Australian-British ing conflict of interest? Didn’t his dressed this issue in his book, “I barrister, Geoffrey Robertson, QC, conscience prick him enough to do not have to comment at length did not mince his words when he decline his appointment to the on the Attorney-General himself. observed, “The Tribunal’s Report Tribunal? Wasn’t that the right His behaviour described in these recommending the sacking of and honourable thing to do? pages condemn him completely. Salleh Abas is among the most He made false statements, he mis- despicable documents in modern Tan Sri Rais Yatim in his book, led his King, he assisted his Prime legal history.” Freedom under Executive Power in Minister in a journey into the dark- Malaysia, vividly described this ness of lawlessness and pushed Betrayal of trust revolting conduct by quoting an the judges into that special perdi- observer on page 345: “How tion reserved for guards who be- Other glaring and blatant exam- Hamid, the Chairman of the Tri- tray their trust.” ples of conduct unbecoming of bunal, managed to get through functionaries involved with the this part of the proceedings with- We have to fall back on Rais’ book judiciary involved the then Chief out choking is hard to under- once again for another view. Justice (as the designation of ‘Lord stand, since he was himself one “It is significant to point out that President’ was subsequently re- of the judges at the meeting where the Attorney General, Abu Talib named) and the then Attorney the letter was discussed and Osman, who was completely re- General. agreed upon and he made no ob- lied upon by the Prime Minister jection to it or any other part of the during the crisis, played an out- Then Chief Justice Hamid’s con- business.” standing role in the removal of duct must be investigated to Salleh.” determine whether he had be- And more than that, he even haved honourably. After all, he played a terrible role that could Why not review? was present on that fateful Friday be seen as subverting justice and afternoon, 25 March 1988, when throwing a spanner into the What finality is Nazri talking 20 judges gathered to discuss wheels of justice when Salleh’s about? And why is the Cabinet Mahathir’s incessant attack on the solicitors, despairing for relief, echoing him? What facts is he fall- judiciary and to decide what went with their plea to the Su- ing back on to suppress the truth course of action to take. It was the preme Court. Hamid had ordered from emerging? Let us look at a collective decision of those present the doors of the Supreme Court to few precedents. to write to the Yang Di-Pertuan be locked and the seal of the Su- Agong to bring to His Majesty’s preme Court to be put away. The Didn’t the Federal Court under- notice that Mahathir’s attack was staff were told not to be available take to review its own decision discrediting the judiciary. to assist any of the Supreme Court in Datuk Seri Anwar Ibrahim’s Judges. These actions were taken corruption case? Didn’t the It was this writing of the letter that deliberately to frustrate Salleh’s same Federal Court, which had brought about the controversy solicitors and deny him justice. earlier upheld the Anwar’s con- leading to the dismissal. Having Hamid’s conduct must be seen as viction, agree to review its own been party to this decision how unbecoming of an officer of the decision? One may or may not could Hamid be a member of the court sworn to uphold the Con- agree with the outcome of the Tribunal and its Chairman? If the stitution and safeguard justice. review but there was at least a

Aliran Monthly : Vol.26(8) Page 38 Hamid Omar: Wasn't he conscious Tun Suffian: The whole truth was Geoffrey Robertson: The most that a conflict of interest was not allowed to emerge despicable document in modern glaring at him? legal history finality to that case. Salleh and that HRH had been Why are Nazri and the Cabinet “made use of”. The person re- afraid to allow this review? Are Nobody then screamed that there sponsible for triggering off the they afraid because many of should be no review or took an entire controversy has stated that them did not stand up then for uncompromising stand that the he was “made use of”. Doesn’t the Judiciary? Are they afraid Federal Court’s earlier decision that amount to something? that the truth will expose all should not be disturbed. Shouldn’t this be sufficient to re- those who pretend to stand on view the 1988 episode? high moral ground when they And let’s look at cases involv- did not have the courage to ing election petitions. Until re- And Nazri should also get his stand up for justice and truth in cently there was no recourse for facts correct. With reference to 1988? Or are they worried as appeal. But it has now dawned Salleh’s five-point new and im- Salleh’s sacking was so closely upon the authorities that there portant facts, Nazri told the Cabi- related to a crucial court case in- must be a provision to allow for net that the five incidents did not volving UMNO? such an appeal in all fairness. merit a review as they had oc- Why didn’t Nazri oppose this curred before the tribunal was Let us extricate ourselves from development? formed. This isn’t entirely true this shameful past and come out because the fifth incident that re- as honourable men who are very It is absurd for Nazri to insist that lates to HRH the Sultan of Johor concerned about justice and truth. unless “anyone of the judges who actually took place long after the Let us pay heed to the wisdom in had sat on the tribunal came for- tribunal was formed. Confucius’ saying, “A man who ward and said that they were in- has committed a mistake and structed to find Salleh guilty”, Nazri must realise that there can doesn’t correct it is committing there would be no review. He is be no closure in Salleh’s case with- another mistake.” being naïve to expect this to ever out a review. There can be no fi- happen. nality without an appellate deci- Let us also be guided by the pow- sion. This injustice that was in- erful statement of Blaise Pascal, But we are told that HRH the Sul- flicted on Salleh will not be put to “Justice and power must be tan of Johor told Salleh in no un- rest and will linger on as a fester- brought together, so that whatever certain terms that he very much ing wound that needs remedial is just may be powerful, and what- regretted what had happened to treatment. ever is powerful may be just.” q

Aliran Monthly : Vol.26(8) Page 39 THE 1988 JUDICIAL CRISIS Nazri, Cabinet not interested in justice

Are they afraid that the truth will expose all those who pretend to stand on high moral ground? by P Ramakrishnan

What finality is Nazri talking about? The entire panel of judges dramatised the disgraceful conduct of the entire Tribunal

he Cabinet’s decision not to review the sack- Many brilliant minds, well-read and well-versed in TTT ing of the three judges in 1988 brings to the law, have stated authoritatively that the consti- mind the telling point observed in that fa- tution of the Tribunals and their judgments were mous saying, “None are so blind as those flawed and shameful. As summed up by Tun Salleh who have eyes and see not; and none are so deaf as himself in his book May Day For Justice, the judges those who have ears and hear not”. and their judgments “dramatised the disgraceful conduct of the entire Tribunal”. This is so evidently true in this instance. He further observed, “We are discussing the legal So many people have spoken up and demanded - in juggling and acrobatics, we are considering judi- the name of justice - for a review of the sacking of cial intemperateness of the worst kind which pro- these three brave and valiant judges. There is no duced a farce in the name of justice. We are looking doubt in the minds of thinking and well-meaning at more than a hundred years of judicial ‘expertise’, Malaysians that they were dismissed wantonly sitting in council and pompously making a mock- under suspicious circumstances that discredited the fair name of the judiciary. Continued on page 37

Aliran Monthly : Vol.26(8) Page 40