To improve is to change; to be perfect is to change often.
Winston Churchill, British statesman
Politics invariably pivots upon and government revolves around two predominant persuasions – those who want change (liberals), and those who prefer the status quo (conservatives). The grey area is a habitat for toxic independents, meaning they can, like unwanted lallang, sway anywhere and anyway the wind dictates.
Change and reform – economically, socially, culturally – can unerringly propel the beneficiaries to greater heights of citizen satisfaction when and if a large majority understands that no power can fool all the people all the time. Nevertheless, attitude adjustment takes its toll.
The Industrial Revolution, as an agent of change and reform, arrived at our shores when the fourth prime minister unleashed a tectonic shift towards rapid industrialisation with all its attendant accoutrements. Untold wealth was created and showcased for the rent-tweakers, rent-seekers and the rent-speakers. The sleepers and weepers were sidelined.
Post-1981 Malaysia witnessed much physical change, not moral or legal reforms, in our political system when ‘money politics’ saw the bright lights of fortune for the first time. This light is now brighter than the Malaysian sun, and its sunburn effects are legendary if not ignored.
Constitutional comfort associated with money politics is presumed under Article 43(6) requiring all ministers to take and subscribe the oath of office and allegiance, and the oath of secrecy set out in the Sixth Schedule. One is thus bound, as a minister, to keep many things secret in order to conceal the lacerations on a written constitution.
Another comfort zone for keeping things secret in money politics is guaranteed in Article 10(1)(c) where an elected assemblyperson or MP has the ‘right to form associations.’ The prevailing ‘purposive approach’ interpretation has wrought twisted schemes and outright havoc.
High Court Judge Datuk Akhtar Tahir recently rejected arguments from a politician’s lawyers that their client had the right of association under the FC to join any political party of his choice when he jumped ship causing the fall of the Pakatan government. The politician is appealing this decision. His political manifesto is evidence enough of his willingness to remain with his party under whose ticket he won the constituency as a MP.
Judicial resurrection underscored the ‘prismatic approach’ to interpret the FC using section 66, Part II of the Consolidated Interpretation Acts of 1948/1967. This constitutes a genuine reform-oriented approach “when light passes through a prism it reveals its constituent colours,” declared the Federal Court in Lee Kwam Woh v Public Prosecutor [2009] MLJU 0620, affirming Hinds v The Queen [1976] 1 All ER 353.
The American businessman Max De Pree warned that “we cannot become what we want by remaining what we are.” This must become a powerful wake-up call for those who believe and accept that, ultimately, change and reform will become inevitable. The voters are the agents of change and reform.
Malaysians wrought radical change and reform on May 9 2018. But we are told in a recent book written by a former attorney general that an ex-prime minister, wanted it his way despite the ‘Sheraton Move’ when allegedly he had the support of 154 MPs while the Agong was collecting statutory declarations from 222 MPs.
Change and reform would obviously become redundant if and when the Executive abides by the tenets and strictures of the supreme law of the land – FC – which grants so much latitude to every citizen to enforce his or her abundant rights. Race and religion are not toxic elements, strictly, given the pith and substance of the FC. The Malaysian sun shines equally on every Malaysian from a constitutional vantage point.
The British writer, CS Lewis captured the times: “You can’t go back and change the beginning but you can start where you are and change the ending.” This is a telling indictment that Malaysians have it in them to create adjustments and accommodations to entrench long overdue and much wanted reforms.
In America, highly visible and highly paid lobbyists petition the government for anything and everything from pin to battleship. They create, draft and present law reforms to the members of the Congress with the help of legal minds. Malaysia is in need of such visible persuasions amidst Undi18.
The challenge to change and reform in Malaysia reposes in the minds of ready, willing, responsible and able voters, and not only in existing laws and the FC. It should not be perceived as a roller-coaster ride of false hope and damning discouragement.
The views expressed are those of the author and do not necessarily reflect the official policy or position of the New Sarawak Tribune.
