All eyes on MACC, JAC Bills and Abdullah Badawi

Zainon ahmad

All eyes on MACC, JAC Bills

FINALLY, the much talked-about proposed laws touted as being part of the reforms being instituted by Prime Minister Datuk Seri Abdullah Ahmad Badawi before he leaves office were presented to the Dewan Rakyat on Wednesday.

And it was to give him time to carry out the reforms – the passion for which intensified greatly after the March 8 general elction – that the Umno general assembly and the party elections have been postponed from December to March.

To demonstrate how close to his heart these reforms meant to him, Abdullah came to the Dewan Rakyat – where he had been absent for sometime because of his busy schedule – to table the Malaysian Anti-Corruption Commission Bill (MACC) and the Judicial Appointment Commission Bill (JAC) himself.

The proposed laws will create new bodies – originally thought to be independent agencies – to oversee judicial appointments and fight corruption more effectively so that Malaysia will be a better place for all. But typical of Malaysians, they – or at least their representatives in the Dewan Rakyat – are already discussing the merits and demerits of the bills and whether they are what were promised earlier.

The Dewan Rakyat will only be debating the bills next week but already MPs from the BN and Pakatan Rakat are discussing them in the Members Lounge and in lobby.

On the surface, all BN MPs are saying the bills are likely to restore public and investor confidence in the country’s judicial system and taking the battle against corruption to a higher level.

Some of them, however, share the views of some of the opposition members.

They do not see how the bills, in the forms presented, would change public perception about corruption, or raise confidence in the judicial system.

They do not see how the agencies to be set up would be independent when the prime minister still exerts a lot of influence in their functioning.

With time to study the bills, it would be interesting how they are going to be debated next week.

It was an interesting one hour of debate on an emergency motion by Azmin Ali (PKR-Gombak) to discuss the Bukit Antarabangsa landslide that took four lives on Saturday. No one was really surprised that Speaker Pandikar Amin Mulia allowed it.

"We want all those responsible for approving the project to be prosecuted," thundered Azmin. A few of the Pakatan Rakyat MPs also stood up to lambast the BN, especially the previous Selangor government, for approving the hill slope projects.

Some of them must have felt funny that despite their provocations, the BN backbenchers did not respond with their usual broadsides. Those who stood to speak did so quite civilly.

Minister of Housing and Local Government Datuk Seri Ong Ka Chuan, in his response to Lim Guan Eng (DAP-Bagan), admitted that there were sufficient laws governing approvals for projects but the problem was enforcement.

He said a preliminary report on what happened at Bukit Damansara would be ready next month but may not be made public but the full report on what actually happened on the morning of Saturday would only be ready in three months.

Two interesting disclosures were made during this week’s meeting. On Wednesday, the prime minister in his written reply to Liew Chin Tong (DAP-Bukit Bendera) said the government spends RM6 million a month on rental and maintenance on his official residence in Putrajaya. The money is paid to Putrajaya Holdings.

On Thursday, Foreign Minister Datuk Seri Syed Hamid Albar said the government owned about RM3.6 billion worth of properties overseas, mainly buildings housing the country’s foreign missions abroad.

All eyes on MACC, JAC Bills
The Sun Daily

REFORMING WITH MALAYSIAKINI: on the fate of Judicial reform

Yes, Our Abdullah Badawi still has a few months left before Najib will come over to the big office. If we remember well, Abdullah cited judicial reforms, and RMK9 as his last card to play among others. Shall we look here in Malaysiakini, what is the acceptance of the new Bill. Pathmawathy wrote Reform bills get mixed responses from MPs in Malaysiakini yesterday.

2 Lets read what Carolyn Hong had to say in her Singapore Straits Time breaking news column [Abdullah's reform Bills fail to win over criticsStraits Times ]

BARELY a day after Prime Minister Abdullah Badawi unveiled his judicial and anti-corruption reforms, criticism has poured in from all fronts.

It seemed as if no one had a good word for the two Bills presented to Parliament on Wednesday to set up new committees to oversee judicial appointments and the anti-graft battle.

The Bar Council and several respected opinion leaders joined the opposition in voicing criticism. Their complaints revolve mainly around the impression that ultimate power still lies in the hands of the political Executive, with the Bills merely adding layers of expensive bureaucracy. The Prime Minister still has the final say on judicial appointments, and the Attorney-General (A-G) has legal control over corruption prosecutions.

'The Malaysian Anti-Corruption Commission and Judicial Appointments Commission personally presented in Parliament...both fall far short of expectations and the promise of anti-corruption and judicial reforms,' veteran opposition leader Lim Kit Siang wrote in his blog.

Nevertheless, both Bills are expected to be passed by Parliament even with the private misgivings of Barisan Nasional (BN) MPs. BN has enough MPs to carry the Bills even if the opposition walks out.

The opposition may find it hard to vote against the Bills without being seen as anti-reform, but could abstain or walk out. Said opposition Democratic Action Party leader Lim Guan Eng: 'We have reservations but we also recognise that these are important steps forward...but they don't go all the way, only halfway.'

This would be of cheer to Datuk Seri Abdullah, who would be hoping for wholehearted support of the Bills to cement his legacy as a reformist before he retires next March.

His supporters say the Bills create greater transparency, with a recommendations panel for judicial appointments, and three committees with oversight of the Anti-Corruption Commission. They say while the PM decides judicial appointments, he will not be able to ignore the commission's recommendations.

As for criticism that the power of prosecution remains with the A-G, Mr Abdullah said the A-G has delegated all powers administratively to the commission.

Nevertheless, these are unlikely to appease the critics. The Bar Council has said four out of five members of the proposed Judicial Appointments Commission will be appointed by the Prime Minister.

Deputy Premier Najib Razak, who will take over in March, has said he supports the Bills. The real difficulty will be the expectations that come with promises of reform. That burden falls on Mr Najib.

3. Over in Sabah, they have something else to say , [ Sabah council: Judicial bill unconstitutional
New Straits Times ].

The Sabah Justice of Peace Council said that appointment procedure of judges in the Judicial Appointments Commission (JAC) Bill is contrary to the Federal Constitution.

Council honorary secretary Datuk Lawrence Thien Shin Hing said the new procedure would be a departure from the present model and in direct conflict with Article 122B of the Constitution.

Under Article 122B, a person is appointed judge by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers.

Before tendering his advice as to the appointment of a judge to the High Court, the prime minister shall consult the chief judge of Malaya or the chief judge of Sabah and Sarawak.

Thien noted that the JAC was not a constitutional amendment but an ordinary federal law compared with the Constitution, which is the supreme law of the federation.
He said in the past, there were several constitutional amendments passed by Parliament which had an impact on the constitutional positions of Sabah and Sarawak.

"In the context of Sabah and Sarawak, the proposed new mode runs contrary to the provision of Article 161E (2)," Thien said in a statement.

Article 161E (2) states that no amendment should be made to the Constitution without the consent of the Yang Dipertua Negeri of Sabah and Sarawak if the proposed amendment affects the rights of the states.

He said the mode in the appointment of judges for the High Court of Sabah and Sarawak was definitely affected with the setting up of the JAC.

"However, if it is allowed to proceed, it will mean that the proposed act is made to circumvent Article 161E (2)."

The question, he said, therefore was: "Should not the two states protect their constitutional safeguards?"

Thien said the government under the Malaysian Anti-Corruption Commission Bill had seen fit to make the Anti-Corruption Agency an independent body with its own commission and funding but made no similar provision in the JAC Bill. He hoped the government and members of parliament would give due respect to the issues raised when the bills were debated.

Prime Minister Datuk Seri Abdullah Ahmad Badawi tabled the bills in the Dewan Rakyat on Wednesday.


4. Our blogger friends ride on this judicial reforms issue. [Hopes ride high for judicial reform in Malaysia15 hours ago by WARTAWAN RASMI LAMAN REFORMASI ] [ REFORM?17 hours ago by ALBERT ALEX GULABOK BINGKASAN ] [ Damned either way, reforms appease no one23 hours ag] [Abdullah’s reform bills criticised11 Dec 2008 by truckster ] [Bills reflect govt’s strong commitment, says Najib11 Dec 2008 by Political Guru ] [What Reform, Mr PM?11 Dec 2008 by Eyes Wide Open ]


5. I had been experimenting genetic modification on brinjals, a red brinjal! That is reform that i know best.

Love you Malaysia, Tanah Melayu, tanah airku, ibu pertiwi....



beritadarigunung

Mengulas Malaysiakini: isu judicial tidak akan reda!!

Judicial matters jarang disentuh sebelum ini dalam media utama dan alternatif. Sebaik Zaid naik jadi menteri kabinet selepas pilihanraya lepas, isu kehakiman jadi panas. Lepas satu, satu pulak yang timbul. Awal dulu ada lingamgate, tetapi klimaks berita jadi lain, bila episod-episod selanjutnya adalah kritikan dan hentaman keras terhadap Tun Dr Mahathir.

Dari Malaysiakini

King wanted pension for sacked judges
Rahmah Ghazali | Nov 13, 08 2:02pm
updated 4.45pm Minister Nazri Abdul Aziz reveals this and concedes his error in suggesting earlier that the six judges might not have been sacked since they received their pension.

Liu wants court review of arrest warrant
Hafiz Yatim | Nov 13, 08 4:04pm
breaking news Selangor exco Ronnie Liu has asked the Shah Alam High Court to review and set aside a warrant of arrest under which police had picked him up yesterday

Karpal lodges report against CJ
Andrew Ong | Nov 13, 08 4:04pm
The veteran opposition lawmaker wants the police to probe Chief Justice Zaki Azmi for allegedly admitting to corrupt practices while serving as a lawyer.

Abolish oppressive laws before setting up media council
Syed Jaymal Zahiid | Nov 13, 08 3:03pm
Media rights group CIJ believes that the controversial National Media Council cannot be effective if oppressive laws like the Printing Presses and Publications Act are not repealed.

2. Berikutnya ialah isu wang ehsan untuk hakim yang sudah dipecat. Jadi seram sejuk sebab Zaid dedah bahawa dulu Abdullah sudah berjanji tidak akan beritahu quantum bayaran. Yang maklumkan kepada rakyat Malaysia bukan Abdullah tetapi Nazri Aziz. RM 10.5 juta bukan jumlah yang sangat besar.

3. Dengan isu bar council, isu zulkifli dan PKR, isu judicial reforms dan kritikan keras pembangkang terhadap Zaki CJ, rakyat mula keliru kenapa ini semua berlaku?, angkara siapa ? dan untuk apa?

4. Keakraban Zaid dengan pembangkang seolah menjawab telahan sebelum ini. Ramai cuba mengaitkan dengan kecenderungan liberalisma yang didokongi oleh sebahagian pemimpin UMNO.

5. Rakyat masih menanti permainan selanjutnya dan tak serik-serik meragui tahap kenegaraan dan tahap semangat kebangsaan setengah pemimpin.

beritadarigunung

Nazri : Enam hakim kanan `memang dipecat’

KUALA LUMPUR 13 Nov. - Menteri Di Jabatan Perdana Menteri, Datuk Seri Nazri Aziz berkata, bekas Ketua Hakim Negara, Tun Salleh Abbas dan lima hakim kanan yang lain `sememangnya’ dipecat.

Menurutnya, beliau kesal dengan kesilapannya semasa menjawab satu soalan mengenai pembayaran ex-gratia kepada bekas Ketua Hakim Negara, Tun Salleh Abbas dan lima hakim kanan yang lain, di Parlimen baru-baru ini.

Katanya, kenyataan beliau mengenai kemungkinan kesemua hakim tersebut telah dipecat 20 tahun lalu adalah tidak benar, sebaliknya sememangnya mereka telah dipecat namun mereka masih menerima bayaran pencen atas dasar ganti rugi sejak itu.

"Saya telah menemui surat daripada Yang Dipertuan Agong ketika itu yang menulis kepada Ketua Setiausaha Negara masa itu meminta dibayar pencen kepada mereka walau dipecat.

``Surat ini tiada siapa yang tahu. Tetapi saya kesal dengan kenyataan saya di Parlimen... saya tidak ada fakta mencukupi ketika menjawabnya, saya kata 'mereka mungkin dipecat'.

"Itu tidak benar. Saya mahu katakan memang mereka dipecat tetapi mereka masih terima pencen," katanya di lobi Parlimen hari ini. - Utusan.

lain-lain

Nazri admits mistake about former judges
The Malaysian Insider, Malaysia - 6 hours ago
By Debra Chong KUALA LUMPUR, Nov 13 — Datuk Nazri Aziz admitted today he had made a mistake in saying last week that five former Supreme Court judges, ...
Salleh was sacked, says Dr M
New Straits Times, Malaysia - 8 Nov 2008
He refuted the suggestion made by Minister in the Prime Minister's Department Datuk Seri Nazri Aziz, who said Salleh and two of the five other judges ...

Is Judicial Reforms about hitting Mahathir?

They are not good at disguising their intention..., some of us. At this minute, there are sections in the society that dont give a damn about the so called judicial reforms. The whole thing is so ugly, blatant and misguided. Whats meant to be honourable is a foul play. Many point at Zaid. Many point at the fact that how come our leadership is so naive........

Focus: Malaysiakini, Strait Times and the Star.

Zaid: Ketuanan Melayu has failed
Oct 31, 08 2:02pm breaking news In an incisive speech, former law minister Zaid Ibrahim does not mince his words in lambasting the shortcomings of the hegemonic policy.


Justice Chin to resign on Dec 1
updated 3.09pm But it is not known whether Sabah High Court judge Ian Chin’s decision is linked to the startling revelations he had levelled in June against former premier Dr Mahathir Mohamad.


30% bumi equity: Both got it wrong, says PKR MP
Fauwaz Abdul Aziz | Oct 31, 08 4:04pm PAS Youth chief Salahuddin Ayub had failed to reflect Pakatan Rakyat’s consensus, says one of his opposition colleagues.

DEWAN RAKYAT: Gov't has no plans to bring Justice Ian Chin before ...
New Straits Times, Malaysia - 29 Oct 2008
He's already on leave from Aug 21 to Nov 30," he said when replying questions by Datuk Mukhriz Mahathir (BN-Jerlun) and Tian Chua (PKR-Batu) at the Dewan ...

Read and understand Zaid deep.

The Barisan Nasional government must abandon its reworked concept of the social contract, said Datuk Zaid Ibrahim.

He said the Government must now embrace a fresh perspective borne out of discussions and agreements made in good faith with all the communities in this country.

“It is time for us all to practise a more transparent and egalitarian form of democracy and to recognise and respect the rights and dignity of all the citizens of this country,” he said Friday at the 21st LawAsia Conference 2008 here.

Zaid was invited to speak on “Malaysia - A Lost Democracy?” on the second day of the conference.

He said the social contract was restructured unilaterally in the 1980s by a certain segment of the Barisan leadership, which marked the advent of “ketuanan Melayu” or Malay supremacy, that allowed for developments that had resulted in the country’s current state of affairs.

“The non-Malay Barisan component parties were perceived by Umno to be weak and in no position to exert influence.

“Bandied about by Umno ideologues, the social contract took on a different, more racialist tone.

“The essence of its reconstructed meaning was that Malaya is primarily the home of the Malays and that the non-Malays should acknowledge that primacy by showing deference to the Malays and Malay issues.

“Affirmative action and special status became a matter of privilege by reference to race rather than of need and questioning of this new status quo was not to be tolerated,” he said.

He said majoritarianism had become the governing paradigm of governance as the character and nature of rights were defined by Malay interests and the Malays.

He said the institutions of government were such that the Malays were effectively represented and there was no way the interest of the Malays could be taken away other than through their own weakness and folly.

“It was, and still is, impossible to reconcile the principles of equality and civil rights of the people of this country with the primacy of one group over all others,” he said.

Zaid said the country had failed miserably in dealing with complex issues of society by resorting to a political culture of promoting fear and division amongst the people.

“The ketuanan Melayu model has failed and it has resulted in waste of crucial resources, energy and time and has distracted from the real issues confronting the country,” he said.

He said the results of the March 8 elections showed that the Barisan was no longer exclusively speaking for the rakyat.

“Prompting discourse and dialogue is essential as we must learn to talk and listen to one another again,” he said.

He also said goodwill must continue to strive to bring about change so that the trust of all Malaysians could be rebuilt.

“From that trust, we can rebuild the country where we do not live in fear, but in freedom; that the rights of all Malaysians are acknowledged, respected and protected by the system of law that is just and fair,” he said.

source:

Respect the rights of all citizens: Zaid Malaysia Star, Malaysia

Dr M will loom large now, says Zaid

Zaid: Mahathir is back in power with Najib

And listen to Nazri Aziz,

MINISTER in the Prime Minister's Department Datuk Seri Nazri Aziz yesterday failed to keep a promise to tell members of parliament how much was spent on ex gratia payments to six former judges involved in the 1988 judicial crisis.

Beritadarigunung:

Mengulas Malaysiakini: Ujian judicial reforms

Kenyataan Abdullah Badawi baru-baru ini bahawa Judicial Reforms adalah prioriti beliau sebelum mengundur diri mengundang pelbagai reaksi. Sejak beliau mengambil alih tugas perdana menteri dari Tun Dr Mahathir, judicial reforms bukan agenda yang disebut-sebut.


Dari Malaysiakini

• Court throws out Munawar's appeal

  Oct 30, 08 10:10am

• 
  

Oct 30, 08 10:10am
breaking news The Federal Court today threw out an appeal by Munawar A Anees for his sodomy charge be remitted to the High Court so that he can argue his case.

Justice Chin to resign on Dec 1
Fauwaz Abdul Aziz | Oct 30, 08 12:12pm
breaking news updated 1.40pm But it is not known whether Sabah High Court judge Ian Chin’s decision is linked to the startling revelations he had levelled in June against former premier Dr Mahathir Mohamad

2. Hanya selepas Zaid dibawa masuk dalam kabinet barulah satu persatu judicial reforms dicanang, hinggakan ada menteri rasa perlu untuk berkata "itu kabinet belum bincang lagi". Akhirnya Zaid meletak jawatan. Dua sebab dikemukakan oleh pemerhati, pertama Zaid dikritik hebat, kedua kedudukan politik Zaid hancur bila kalah di bahagian sendiri.

3. Ungkapan analogi dari Taib Mahmud Sarawak wajar diberi perhatian serius:-

Political and economic reforms should be implemented at a pace that is acceptable and understood by the people, said Sarawak Chief Minister Tan Sri Abdul Taib Mahmud.

He said although many quarters were clamouring for change, it should not be done in a way that would jeopardise the country’s stability and unity.

“Change is like the wind. If it blows gently, we enjoy it. But if it blows like a storm, roofs will be blown off and houses could tumble. refer to Taib: Don’t rush into reforms Malaysia Star, Malaysia

UPDATES: JUDICIAL REFORMS

Prime Minister Datuk Seri Abdullah Ahmad Badawi said today that Malaysia's effort in judicial reform remains at the forefront of the government's agenda. He said that in April this year, he had announced the establishment of an independent judicial appointments commission and the work on the relevant legislation was progressing well. Continue here,

We may want to look at Serbia and Canada

From Malaysiakini

New CJ vows action against errant judges

Andrew Ong | Oct 29, 08 6:06pm

The newly-appointed Chief Justice Zaki Azmi’s maiden speech was trained on the 'small number' of errant judges who have tarnished the image of the judiciary.


From Malaysiakini

PM endorses reform minded CJ

Beh Lih Yi | Oct 29, 08 8:08pm

Abdullah says that Zaki was a man who liked reforms and had already made a few suggestions to the premier on how to make the judiciary better.