Rule of law must reign supreme

THERE has been a lot of talk on social media recently about decisions our judges have been making in important court cases, with debates getting heated and – a particularly Malaysian habit online – viciously personal and racial. There was even an arrest made after one user made threats against Chief Justice Tun Tengku Maimun Tuan Mat.

So perhaps it was just as well we received a timely reminder and basic lesson on the importance of the judiciary earlier in the week from Selangor Ruler Sultan Sharafuddin Idris Shah: “The rule of law and judicial independence must always be respected as they form the principle and axis of the Constitutional monarchy in the country,” he said.

The judiciary is the last buffer that must be defended to ensure the effective administration of justice, he said.

He went on to remind people about how the system works: The King appoints Federal, Appeal and High Court judges upon the advice of the Prime Minister after consultation with the Conference of Rulers, as stipulated in the Federal Constitution.

The multiple levels of consultation and deliberation signals that the judiciary differs from other government institutions and is particularly important in the nation’s administrative system, he pointed out.

He reminded us that we have to put our faith in the system and not level baseless allegations against judges and decisions without knowing the facts and reasons related to the judgment of cases.

Just two days earlier, Tengku Maimun also emphasised that last point.

Asked to respond to statements by politicians attacking the judiciary after the five-member bench of the Federal Court she led had, on Aug 23, upheld former prime minister Datuk Seri Najib Razak’s 12-year jail sentence for misappropriating millions from state fund 1Malaysia Development Bhd, the Chief Justice said it’s unfair to make statements about a judgment without having full understanding of the court’s decision: “You don’t have the basic knowledge, you don’t have the full understanding, yet you’re making statements about it.”

The separation of powers among the three branches of government, the Executive, the Legislature and the Judiciary, is a cornerstone of democracy.

It is clearly set out in the Federal Constitution of Malaysia under Part IX, which provides specific provisions to secure judicial independence from the Executive and Legislature’s control and interference.

Politicians are a part of the Legislature; they shouldn’t be making comments about judicial decisions and stoking hate among their supporters against court decisions.

The Prime Minister is a part of the Executive and shouldn’t be asked to influence decisions on cases.

And the rakyat are the ones who are protected by this system and should have faith in it.

Can you imagine living in a tin pot dictatorship where arrests are arbitrary and disappearances and even deaths of ordinary citizens making their voices heard are normal?

If people have a problem with how the law is administered in this country, then they should use the legal system to air their grievances – anything else can only lead to lawlessness and chaos and a real risk of Malaysia becoming a banana republic.

And how a country is viewed globally has a huge bearing on its development.

A politically stable environment in which the rule of law is supreme is what investors look for when deciding where their money goes.

This is why we, the people, must not let anyone with an agenda break our faith in the judiciary.

We must make sure that judges are allowed to freely preserve, protect and defend the Constitution, which promises fairness and justice regardless of race, religion, status or position.