Tuesday, 2 October 2012

Undo damage to Federal Constitution, restore people’s rights and freedom

Undo damage to Federal Constitution, restore people’s rights and freedom
By Chua Jui Meng

THE Parliamentary Special Committee on Corruption’s proposed amendments to the Federal Constitution to give the Malaysian Anti-Corruption Commission (MACC) more bite and independence is laughable.
Is the committee chairman Mohd Radzi Sheikh Ahmad saying the amendments would enable the MACC to discharge its duties without fear and favour?
Is he saying the MACC can investigate anyone in Malaysia, including the prime minister?
Who in Malaysia believes this can happen under the current corrupt, vindictive and unjust regime?
One of the proposed amendments is to protect the MACC chief from being sacked! How is that going to ensure greater neutrality?
Is that working for the Judiciary with the many questionable and outrageous decisions against Pakatan Rakyat (PR)-related cases?
Also, take for example the ongoing French Court hearing on the alleged corrupt dealings on the sale of the multi-billion-ringgit Scorpene submarines to Malaysia.
Many documents have been made public but has the MACC acted? What powers does MACC need to start a probe?
However, the MACC has been swift in initiating probes against people related to the Opposition and its supporters for the flimsiest of allegations. The late Teoh Beng Hock is a clear example, it cannot be clearer than that.
The MACC even acts on allegations posted anonymously in the internet!
As it is, the MACC is clearly an arm of the Barisan Nasional (BN) government used to intimidate, persecute and prosecute those working against the interest of the BN, especially Umno.
My dear friend Radzi, do not be used by the Umno leadership to score brownie political points for the coming general election. No Malaysian in his right mind believes you are fighting graft.
If you are sincere about fighting graft, then call for a revisit of the Federal Constitution and undo the extensive damage inflicted by the BN in the more than 100 amendments under Dr Mahathir Mohamed’s 22-year-rule.
The amendments had effectively removed many checks and balances, including the all important separation of powers contained in the original Federal Constititution (1957) – the Executive, the Legislature and the Judiciary.
Anything short of undoing the extremely damaging amendments is just BN’s public relations exercise to beef up its tattered image as a credible ruling coalition in the eyes of Malaysians and the world.
In this case, Radzi is not only trying to score brownie political points but at the same time attempting to repair the tainted image of the MACC being used by the BN to serve its political agenda.
May I remind Radzi that in 1988, significant amendments were made to Article 121 of the Federal Constitution, giving the jurisdiction and powers as may be conferred by or under federal law to the High Court.
This means, before the amendments, the courts derived their powers from the Federal Constitution, but now it is placed under the influence and control of the government of the day.
My dear Radzi, may I also ask you what has happened to the Royal Commission of Inquiry into the nude squat incident in 2006 and the V.K. Lingam “Correct! Correct! Correct!” video case’s recommendation for the setting up of an Independent Police Complaints and Misconduct Commission (IPCMC)?
Was that not just a damage control public relations exercise for the police and the BN government? It was all talk but no action.
So, to Radzi and all BN politicians – my advice is for you all to start thinking out of the box and not continue in engaging stereotype damage control exercises with hidden political agendas.
It does not work in today’s 21st century digital era as Malaysians are more informed, knowledgeable and educated.