‘Clipped’ judiciary

KUALA LUMPUR: The Malaysian judicial system was subservient to political powers during the tenure of former prime minister Tun Dr Mahathir Mohamad.

Echoing a former chief justice’s sentiments which blamed Dr Mahathir for the state of the judiciary, de facto Law Minister Datuk Seri Nazri Abdul Aziz (pic) said Dr Mahathir was involved in almost every aspect of the judiciary.

Speaking to The Malay Mail yesterday, Nazri agreed with former Chief Justice Tun Dzaiddin Abdullah, who on Saturday had said that the judiciary in Malaysia was “cowed” due to hands-on measures by Dr Mahathir. (see accompanying story)

Under Dr Mahathir’s tenure,an amendment to Article 121 of the Federal Constitution was made, effectively removing powers from the judiciary.

“The prime ministers who preceded Dr Mahathir did not intervene in the judicial system. And after his tenure, his successors (Tun Abdullah Ahmad Badawi and Datuk Seri Najib Razak) did not intervene either.

“Dr Mahathir was involved in almost every level of decision making during his tenure,” he said, adding that this involved courts being subservient to the prime minister under his (Dr Mahathir’s) administration.

However, he said, due to the country’s Constitution, any other post in the country will ‘always be subservient’ to the prime minister.

“But whether they are subservient and to what extent they are subservient, it all depends on the personality of the prime minister,” he said.

“For example, Tun Abdullah Badawi set up the Judicial Appointments Commission (JAC). Since then, the judiciary in Malaysia has been independent,” he added.

In spite of that, Nazri insisted that no amendments were required to the Constitution to reinstate the powers of the judiciary.

“The recent trial of Opposition Leader Datuk Seri Anwar Ibrahim is testament to the fact the judiciary is independent enough right now.

There was no rebuke from the government regarding the decision,” he said.

“The process of appointment for a chief justice in our country is similar to other developed countries such as the United Kingdom and Australia, so there is no need to change.”

However, Transparency International Malaysia president Datuk Paul Low Seng Kuan said it was necessary for the constitution to be amended and the judiciary’s powers restored.

“It is a matter of restoring confidence. There needs to be a complete restoration of powers for the judiciary like how it was before (before the 1988 amendment),” he said.He agreed with Dzaiddin’s views of judicial subservience to politicians and said it was a ‘worrisome’ fact.

“The fact that our judiciary’s powers are being compromised is something very worrisome for the country.”

When contacted, Dr Mahathir’s aide, Sufi Yusof, said the former premier had yet to be briefed but would issue a statement if necessary.

Article 121 amendment condemned