Are there 3 BN MPs with guts? |
Media Statement by DAP National Chairman Lim Kit Siang in Petaling Jaya on
Tuesday, July 11, 2000:
Are there at least three Barisan Nasional MPs with guts and who are fully
committed to the principle of judicial accountability and independence so
that Parliament could hold Eusoff Chin to account for his failure to clear
the cloud of his judicial impropriety and misconduct
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It is most disappointing that the Minister in the Prime Minister's
Department, Datuk Rais Yatim, has chosen to duck the issue of judicial
accountability and independence in Parliament yesterday instead of setting
the precedent of open and good governance.
A fortnight ago, when opening the 5th National Civil Service Conference on
"Good Governance: Issues and Challenges" in Kuala Lumpur, Deputy
Prime Minister, Datuk Seri Abdullah Ahmad Badawi embraced the concept of
"good governance" which he said was most accurately defined at the 1999
World Conference on Governance in Manila as "a system that is transparent,
accountable, just, fair, democratic, participatory and responsive to the
people's needs".
He said that this is an ideal that all states strive for and "it is
certainly a vision of governance that Malaysia continues to endeavour to
realise".
Unfortunately, the vision of good governance which Abdullah commits the
government does not appear to extend to the judiciary as highlighted by
Rais' evasion of the controversy over the Chief Justice, Tun Eusoff Chin,
violating the Judges' Code of Conduct when it was brought up in the Dewan
Rakyat by the Keadilan MP for Kemaman, Abdul Rahman Yusof, in an adjournment
speech.
Rais took refuge in Article 127 of the Malaysian Constitution to avoid the
principle of good governance and judicial accountability. Article 127
stipulates: "The conduct of a judge of the Federal Court, the Court of
Appeal or a High Court shall not be discussed in either House of Parliament
except on a substantive motion of which notice has been given by not less
than one quarter of the total number of members of that House, and shall not
be discussed in the Legislative Assembly of any State."
This has put both Rais and the Malaysian Parliament in a ludicrous
situation. For instance, Rais is saying that there was nothing wrong when he
commented to the Australian Broadcasting Corporation in Canberra in May on
the Internet photographs about the Chief Justice, Tun Eusoff Chin holidaying
with lawyer Datuk V.K. Lingam in New Zealand in December 1994, or in his
interview in ABC where he said that "such socialising shall I say is not in
keeping with the proper behaviour of a judicial personality and we have
intimated to the chief justice that this is a behaviour improper and this
has been intimated to him in no uncertian terms."
However, he cannot say the same thing in Parliament because he is prohibited
by Article 127 of the Malaysian Constitution unless there is a substantive
motion supported by at least one quarter of the total number of MPs.
In fact, Rais repeated his Canberra comments in Jelebu a few days after the
Kuala Lumpur High Court issued an injunction on June 22, 2000 stopping the
Malaysian Bar from holding an extraordinary general meeting (EGM) to
discuss and pass resolutions arising from the conduct of Chief Justice Tun
Mohd Eusoff Chin, including calls on the Prime Minister to make
representations to the Yang di Pertuan Agong to set up a judicial tribunal
or alternatively a Royal Commission of Inquiry to investigate Eusoff's
conduct and "its implications on the judiciary" and to make recommendations
to restore full confidence in the judiciary, and Eusoff's suspension pending
the outcome.
There are people who say the law is sometimes an "ass" but it has still to
be enforced, but Rais appears to be telling Malaysians that the
Constitution is also an "ass" where he could say things about the Chief
Justice inside and outside the country but which he could not repeat in
Parliament.
This is a most unsatisfactory state of affairs which is not calculated to
enhance public respect either for Parliament or the Malaysian Constitution.
After the Kuala Lumpur High Court injunction against the Malaysian Bar
holding an extraordinary general meeting relating to the judicial misconduct
of the Chief Justice, Malaysians look to Parliament as the last resort in
the country to uphold constitutional propriety and integrity and demand that
Eusoff should give a full and satisfactory accounting of the many queries
that have surfaced publicly of his violation of the Judges' Code of
Ethics, particularly with regard to his New Zealand holidays in December
1994 and the Internet photographs.
According to Article 127 of the Constitution, the controversy over the
Chief Justice's violation of the Judges' Code of Conduct - his New Zealand
holdiays with Lingam and whether he had publicly told a lie in his public
explanation - can only be discussed in Parliament if there is a substantive
motion supported by at least one quarter of the total number of MPs, i.e. at
least 48 out of a total of 193 MPs.
At present, the total number of Opposition MPs comes to 45, i.e. 42 Barisan
Alternative and three from PBS, still three short of the minimum required of
48 MPs for a substantive motion to be tabled in Parliament to demand open
accountability from Eusoff Chin that he had violated the Judges' Code of
Ethics.
Are there at least three Barisan Nasional MPs with guts and who are fully
committed to the principle of judicial accountability and independence so
that Parliament could hold Eusoff Chin to account for his failure to clear
the cloud of his judicial impropriety and misconduct
The whole country is watching and waiting to see whether there are at least
three out of the total of 148 Barisan Nasional MPs who have guts and who
are prepared to stand by their parliamentary oath of office to protect and
promote the fundamental principle of judicial accountability, independence,
impartiality and integrity.
Parliament would be failing in its duty if it ignores the great controversy
over the Chief Justice violating the Judges' Code of Ethics. If there are at
least three out of the total of 148 Barisan Nasional MPs who have guts and
are truly committed to the fundamental principle of judicial accountability
and independence and are prepared to support a substantive motion to demand
that Eusoff Chin should give full accountability in the burning controversy
over his violating the Judges' Codes of Ethics, then let them stand up and
be counted publicly!
- Lim Kit Siang -
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