Monday, October 20, 2008

Lim Kit Siang:Incessant Barking

Hantu Laut

They have taken the meaning of their roles literally in every sense of the word and opposed for the sake of opposing.More often then not some of them acted like a bunch of spoilt brats making incomprehensible and useless noises that have no constructive contributions to the betterment of society and the nation.They are all noises but no punches.

The rumoured appointment of the next Chief Justice was a case which didn't merit any controversy but yet the oppositions, for the sake of making noises, were critical and condemned the choice of Tan Sri Zaki Azmi just because he was an ex-legal adviser to UMNO.Zaki have yet to be officially appointed to the post.

The most vocal critic is the head honco of DAP, the iriscible and self-opinionated Mr Lim Kit Siang who have never found a drop of goodness in the government since time immemorial.He is also the loudest and noisiest vessel in Parliament.A man who sees evil lurking in every nook and cranny of government.A man drowning in his own false dogmas of morality.

The nomination of names are the prerogative of the Prime Minister who would submit the names to the Agong, who, in consultation with the Conference of Rulers would than give his royal assent to the appointment.The final choice lies with the Agong and Conference of Rulers, not the Prime Minister.

There is nothing illegal or constitutionally wrong in the appointment of the Chief Justice or for that matter of all the judges for all the courts in the country.The vetting and selection process have gone through sufficient filtering and the appointment is in accordance with Article 122B of the Constitution.

From the Prime Minister to the Agong, to the Conference of Rulers and back to the Agong.Isn't that more than sufficient.To question the choice is showing disrespect for the Agong and the Conference of Rulers.

With his usual rhetoric and opposition to anything and everything he has put the cart before the horse and questioned albeit indirectly the competency of the Agong and Conference of Rulers in their decision making.

Below is part of what he wrote in his blog.

"This is not only not so, the Prime Minister has shown utter disregard and contempt for the widespread objections of the legal community and civil society to the appointment of the first Umno Chief Justice in the 51-year history of the nation!

In the circumstances, it is most regrettable and deplorable that Abdullah had stuck to his guns that Zaki be appointed the new Chief Justice, despite being forewarned that it would plunge the country into a new judicial crisis of confidence and a new era of judicial darkness.

Is Zaki capable of providing the necessary judicial leadership to ensure that Malaysia can rise above the past two decades of judicial darkness, plunging from one judicial scandal and crisis of confidence to another, and which reduced the Malaysian judiciary from its previous high international standing into a laughing stock for lack of independence, impartiality and integrity of the judiciary?

Pakatan Rakyat MPs must now decide whether to invoke Article 127 of the Malaysian Constitution which empowers the tabling in Parliament a substantive motion to debate the suitability and the merits/demerits of Zaki as the new Chief Justice provided it has the support of at t least a quarter of the Members of Parliament, i.e. 55 MPs.

If such a substantive motion is presented in Parliament, it would be the first time in Malaysian parliamentary and constitutional history."

The system of appointment of our Chief Justice and judges of the various courts in the country is better than that of the US.In the US the President nominates the name and the Senate approves it.In the UK, the Lord Chancellor similarly was appointed by the monarch upon the advice of the Prime Minister.

Lim Kit Siang talk of invoking Article 127 of the Malaysian Constitution is a disrespect for the Agong and the Malay rulers.His prejudgement that the man is already guilty even before the commission of the crime is I would say most unbecoming of him as a veteran politician.

I believe the the invocation of Article 127 is appropriate and makes more sense to call for substantive motion to discuss the behaviour of an errant Chief Justice or judges who were already on the job and has committed serious breach of judicial duties or some other criminal act.Lim is putting the cart before the horse.

How does he know that Zaki is going to be a bad judge? Who says there is widespread objections from the legal community and civil society? Has Lim done a reliable public opinion polls to claim the truth of his allegations.Why must the government listen to the Bar Council when they have shown partiality and bias against the government?

The government is duly elected by the people and it is absurd and a mockery of the democratic system if it has to consult every lawyers in town or the people, every now and then, before making any decision.What's the point of having elections ?

Obviously, empty vessel makes the loudest noise.

12 comments:

kittykat46 said...

If I look at the big picture, the haste with which Zaki Azmi has been appointed from outside the judiciary to the Court of Appeals, rapidly promoted to President of the Court of Appeals, and now (reportedly) rapid promotion to Chief Justice, I would say, YES, there is cause for concern that this there is a political agenda behind his appointment.

The independence and integrity of the judiciary is a big deal, and cuts across political borders. Its not just about hard core DAP or PKR supporters. Many apolitical people care about judicial integrity.

I wouldn't move to pronounce either the PM or Zaki guilty of impropriety...but there are valid questions raised about the integrity of the judicial appointment process, especially after Lingamgate....(or have you forgotten ?)

Anonymous said...

Another UMNO clown in disguise as I suspected all along. Sooner or later we will get UMNO. Just you wait.

Anonymous said...

On the contrary, I think DAP head honchos is doing a good job. The barking as you call it raises people's awareness !

On the other hand, are you not barking too ? At least in my perspective, YOU ARE !

Pok Kam said...

Dear HL,

Your article and the response that follows clearly tells you that the oppositions (and their supporters) may have already reached a point where they consider themselves the only righteous party.

Others, may well have to be with them or against them.

donplaypuks® said...

I concur with kittykat46 that the appointment of the inexperienced Zaki Azmi over the heads of much more senior and experienced Judges is a major cause of concern for all.

It is clear that UMNO manipulated this with the clear intention that where contentious cases come up against itself, UMNO or its cronies, there will be someone in the highest echelons of the Judiciary who might protect its interests, rightfully or wrongfully.

You reason like a 5 year old child that Zaki might do a good job and so there is nothing insidious in UMNO championing his elevation to CJ status.

Would you put Dracula in charge of the blood bank on the off-chance that he might not suck at the blood?

So, the credentials, qualifications and integrity of the CJ must be unquestionable. And can you honestly vouch for it after what he did to his ex-wife with that marriage in Thailand and tearing up of the wedding certificate?

As for the Rulers, they might not have been well advised. After all, everyone knows the extent of the corruption in M'sia over the last 30 years under their very noses.

So, in conclusion, meritocracy, and not croneyism, should prevail. THE RCI has already exposed what happens to the country when CJ's are proven to be utterly, contemptibly, CORRUPT!! Correct, correct, correct!

http://donplaypuks.blogspot.com

Anonymous said...

Sorry my English not excellent like YB Kit.I jes wan to say to HL, good choice of description of Kit.Other than that , I subscribe to Revered Guru RPK's classic saying"opinions are the BOSS, everyone has got one".I think he said it for all of us here.Take care of ur health RPK.
arjun.

Jed Yoong said...

Aren't they all UMNO one way or another like Salleh Abbas was UMNO, dunno if member, but supported Ku Li?

"They have taken the meaning of their roles literally in every sense of the word and opposed for the sake of opposing."

HA HA HA HA Made me laugh. No noise about Chua Soi Lek as the new MCA dep prez though. Fishy? Some more Chua may get Cabinet post? In charge of what? New Media?

Luke Siaw said...

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Commisar Socialist Republic Sarawak
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SM said...

HL,

Come on bro...think about it for a while.
First off, this Zaki, what are his credentials? What experience does he have? And now suddenly he is slotted to be CJ?!
Next, he was a legal advisor to UMNO...come on lah bro, as I've always said, these people think Malaysians are stupid! Pak Lah has not learnt one thing, despite losing the 2/3rds majority, despite being "forced" out earlier (yes, we beileve him when he says that no one forced him to retire by Mar 2009!).
Justice must not only be enforced, but it has to be "seen" to be enforced. With an ex-UMNO Legal Advisor as CJ...You tell me there is no "conflict of interests" here?
Bro Kit is doing his job, as per normal!
I know you seldom "shoot" at the DAP & Bro Kit. However, I strongly feel that you have chosen the "wrong" time to shoot at him. He has to question this appointment, especially since Pak Lah has sid he is going to reform the Judiciary.
Same tune coming out of Pak Lah & UMNO!

iskandar said...

Thank You bro for highliting this issues...

another point to think about: does any judgement made by Zaki Azmi during his job as a Presiden of Court of Appeal betraying the public??

Hantu Laut said...

Dear All,
I know this is not a popular subject especially for those who are pro-oppositions.

I believe the PM had not acted malevolently when he chose Zaki.The PM is democratically elected and he needs not consult the opposition on issues of government.It is normal for oppositions to make a lot of noise over anything and everything the government does and that doesn't make them right and the government wrong.

Of course the PM will choose someone he has confidence in and that should not preclude anyone from UMNO or the BN.

The independence of the judiciary is not guaranteed by appointing someone from outside the political sphere.It rests on the person himself whether he wants to be his own boss or be kicked around by others.

While the government is in power they have the right to do what they think is best and need not consult or listen to the opposition.

The PM is the CEO of the nation he takes full responsibility of the nation's interests and empowered to act accordingly.The people have the right to kick him out if he is unfit and failed to measure up to their expectations.

Writing on an issue does not make one a clown or supporter of UMNO as one of the commentators here seems to think.Parochialism born out of ignorance.

Anonymous said...

You have to eat your words because Zaki Azmi has indeed been appointed CJ. There are too many controversials connected to him to make him a completely unbias person at the top of our judiciary, and without any personal interest.