Our only hope is if BN is consigned to hell once and for all

Pak Lah promised us much in the run-up to the 2004 elections.

He failed to deliver.

The rakyat punished him and the other goons in BN big-time on 8308.

And before the dust from the 12th GE could settle, Dr M and many in UMNO were baying for Pak Lah’s blood.

Responding to this, Pak Lah started to speak of reforms again.

The first reform one would have expected would have been in his cabinet.

Ok, he dropped a few who had long outlived their shelf life.

And he brought in Zaid.

But he also brought in ‘I no speaking Inglish’.

And retained Bodoh!Bodoh!Bodoh! and Daggerman.

If any had harboured hopes that the election battering would have jolted Ole Big Ears from his slumber and he would now be ready to deliver on his past promises, his cabinet selection, barring a few, ought to have put paid to those hopes.

Still, Pak Lah made more promises.

Like this one.

‘This Government gives its commitment to the Malaysian public that it will begin a process of judicial reform. We recognise that this process must be undertaken with the spirit and belief that no one, not even those entrusted to govern or to make laws, must assume to be above the law.

This Government continues to guard against abuse of its powers, and is now proposing measures to further solidify and entrench the doctrines of good governance and the rule of law.

As a result of many events, which culminated in the inquiry undertaken by the Royal Commission into the so-called “V.K. Lingam Tape”, I am aware that the public considers the present way of appointing and promoting judges as inadequate.

The absence of a system in nominating candidates has led some to believe that the process is characterised by abuse, even where there is none. As is often the case, perception can lead to reality.

On the other hand, some may argue that the present system does not require improvement if people in the system are inherently honest and fair. The same system has produced its share of outstanding judges after all.

I do not dispute this, but the fact is, we can no longer leave such an important institution to hope and chance. The system must have built-in safeguards to prevent potential abuse and it must have a process that will convincingly identify the best legal minds in the country to join the judiciary.’

This is his ‘Delivering justice, renewing trust’ speech in full.

Malaysianinsider reports that at the cabinet meeting this last Wednesday, Zaid’s proposal for the Judicial Appointments Commission was shot down as ‘Cabinet ministers yesterday disagreed with the composition of the body and voiced concerns over the possible dilution of the prime minister’s powers’.

Zaid’s proposal : the commission, comprising of 13 members, including lawyers and former judges, would deliberate on prospective candidates for appointment to the judiciary or promotions within the judiciary, and then send their proposals to the PM.

The Malaysianinsider report would suggest that opposition to Zaid’s proposal is principally from the UMNO ministers. Apparently, they aren’t keen with the idea of having lawyers and former judges on the commission.

These UMNO ministers are reportedly concerned that the PM’s powers to appoint and promote judges will be usurped and that the make-up of the commission may lead to the loss of Malay control over the judiciary, leading to the possibility that non-Malays may be elevated to the top positions in the judiciary.

What about the non-Malay, non-UMNO ministers?

Liow Tiong Lai, Peter Chin, Douglas Enggah Embas, Ongkili, Ng Yen Yen, Subramaniam, Tee Keat, Ka Chuan, Dompok?

Did they not argue in favour of Zaid’s proposal?

Can they not see that UMNO is not serious about reforming the judiciary, about returning to us, the rakyat, our judiciary?

And if they can see this, why will they not take the cue from SAPP?

Tell Pak Lah and UMNO to honour what was said in that speech on 17/4/2008 that this ‘Government gives its commitment to the Malaysian public that it will begin a process of judicial reform…The system must have built-in safeguards to prevent potential abuse and it must have a process that will convincingly identify the best legal minds in the country to join the judiciary.’ or they will walk away from BN.

Or has nothing changed post 8308?

All still the running dogs of UMNO?

The Malaysianinsider report also has it that the UMNO ministers and politicians are not too keen on judicial reforms as they think it is not a matter of particular concern with the average rakyat.

I can believe this as I have heard this all too often both in private and publicly.

That Bodoh!Bodoh!Bodoh minister is infamous for this.

Lil Hummingbird also tells me that Zaid’s proposal to restore to the judiciary ‘the judicial powers of the federation’ that were removed by the 1988 amendment to Article 121(1) was also shot down.

Notwithstanding all that the BN ministers have heard and seen through the Lingam RCI report, the Ian Chin revelation and the latest by Azmi Kamaruddin today as reported in Malaysiakini about Dr M’s efforts to control the judiciary, they still wish to see retained to the PM an unfettered discretion in the choice of judges.

Or they don’t care enough to make a stand.

In my view, reforming the judiciary is the single-most important change that must be brought about.

Reform the judiciary and slowly but surely the other ills in the country will start to self-correct.

The stance of the BN government on this issue must make it clear that there is no real will within the government to bring about the rakyat-desired changes in this country.

If BN is to deliver the reforms that you and I desire, BN must itself first reform.

For that to happen, UMNO must first reform.

That will never happen.

If we are ever to restore our judiciary to what it once was, we will have to first send BN to hell and make sure it never comes back.