Thursday, April 26, 2007

joke of the week!

NST reported of a forum attended, among others, by Zaid Ibrahim of Zaid Ibrahim & Co and Nazri Aziz, our de facto Law Minister. In the audience were about 200 lawyers and the topic was whether an Independent Judges Commission should be set up to appoint Judges and to decide on the promotion of Judges from the High Court to superior Courts and also on the appointment of the President of the Court of Appeal and the Chief Judge of the High Courts. As it is, Judges are appointed by the King on the advice of the Prime Minister (PM). The PM of course relies on any recommendation made by the Chief Justice. Similarly, the promotion of High Court Judges to the Court of Appeal, the appointments of the President of the Court of Appeal and the Chief Judge are done in similar fashion.

Suffice to say that such promotions and appointments have been done in a very disorderly fashion. To say that the process lacks transparency would be an understatement. Senior Judges are not promoted. Junior ones are. Good Judges, with excellent judicial temperament are not promoted. There is no set criteria for the promotion and appointment. As it only the Chief Justice knows how to do so. Nobody else knows. And nobody else is consulted. So, the Malaysian Bar and SUHAKAM proposed that an Independent Commission be established to advise on such appointments and promotions.

And guess what the good Minister said? He said we have failed to convince him of the necessity for such Commission and unless he is so convinced, he would not support such proposal. He was quoted of further saying that there is no such thing as being independent unless they are sent down from the heaven, the appointees will always be beholden towards their appointor!

Well Minister Nazri, there you were, in front of lawyers and academician, talking absolute nonsense. Perhaps the thing above your neck is one large tumour with eyes, a nose and a mouth and inside that tumour is some dried cow dung! Your statement is an insult to your law lecturers and all your teachers. Are you implying that the Judges are also not capable of being independent as they are obviously not sent down from the heavens?

Well if so, why don't we do away with the judiciary altogether huh? And let the rakyat fight it out mano e mano on the street when they have disputes. I suppose, they could at least settle their dispute faster that way.

1 comment:

Krishna said...

As long as mainstream thinking adopts this philosophy we will see no progress. The Minister if indeed guilty of such a quote showed a remarkable lack of maturity in that statement. Whilst there might be some truth in that statement (certain people are beholden to their benefactors) it is downright distasteful. For him to say it is in essence to condone it.

And he obviously contradicts himself. To state that appointees are beholden to their appointors is enough evidnence to convince anyone of the necessity of an independent commission.