I never expect a perfect work from an imperfect man.
— Alexander Hamilton, one of America’s founding fathers
The frailty of human logic and the proclivity to make costly mistakes is evident in the law making business when spurious laws, suspect amendments and specious law reforms take centre stage showcasing the lawmakers’ lack of hindsight and foresight. Vision 2020’s mission must necessarily morph into Provision 2021 to benefit the rakyat.
There seems to be no consultation with the rakyat before a law is conceived, created and passed. It appears to be the sole prerogative of the elected lawmakers who pretend to know what laws best suit the rakyat. This legislative monopoly occurs with annoying frequency by arrogant lawmakers.
A veritable clash between the masses and the classes began after August 31, 1957 with a rhetorical constitution containing rights, duties, obligations, functions, prerogatives and privileges fashioned by non-Malayans as a continuous experimental trial and error exercise at the expense of the rakyat.
Admittedly, our laws represent misgivings, misjudgements, misinterpretations, explanations, doublespeak, uncertainty, a requirement for judicial review and legitimised discrimination.
itness Article 8 is pitted against Article 153 FC in the interests of a Westminster democracy. We have some laws that requires jettisoning while Article 8 (equality under the law) FC basks under our sunny skies.
The dreadful Internal Security Act 1960 was repealed and replaced by the Security Offences (Special Measures) Act 2012 symbolic of jumping out of the frying pan and into the fire. The communist threat has now been replaced by a communal threat vigorously fanned by discriminatory government policies.
How do you define “peaceful” if a loud and angry crowd is democratically protesting some unfair government policy? Does “peaceful” mean no loud voices with megaphones and loudspeakers except for quiet placard carrying processions under the Peaceful Assembly Act 2012 (Act 736)?
Constant police surveillance over known bad hats should become an utter necessity for the meaningful enforcement of the Prevention of Crime Act 1959 (Act 297) (Poca) when it calls for the “effectual prevention of crime and for the control of criminals, terrorists, members of secret societies and other undesirable elements” in our society.
Why aren’t public servants, officials, and their bank accounts under constant surveillance to prevent corrupt practices when and if Poca and the Malaysian Anti-Corruption Commission Act 2009 (Act 694) should act simultaneously to offer more bite than bark? This corruption cancer may require cruel and unusual punishment.
The Official Secrets Act 1972 (Act 88) was amended in 1986 because it lacked clarity as to the meaning of “prohibiting the dissemination of information classified as an official (government) secret.” But, the burning question is whether it’s politically healthy and desirable for any government to harbour secrets notwithstanding Article 43(6) FC requiring ministers to take an oath of secrecy.
Many Malaysians have experienced the whiplash from the Sedition Act 1948 (Act15), according to the International Court of Justice’s records of 2015, but they do not contain any facts that the accused took advantage of any of the stay-out-of-prison passes provided under sections 3(2)(a), 3(2)(b) and 3(2)(c)(i) of the Act.
The Printing Presses and Publications Act 1984 (Act 301) is still a muzzle on press freedom when the minister’s powers are not subject to judicial review as explained by the Supreme Court in 1988 when it overturned the High Court’s decision to allow the publication of Aliran in the Malay language. Thankfully, the auspicious Semenyih Jaya decision of 2017 remains the repository and refuge of courageous judges.
If there is a serious effort to attain political maturity, social cohesiveness and racial harmony, our parliamentarians need to take hard lessons in law-making to focus on remembering the future. After all, nobody forced them to stand for elections.
Hopefully, a new radio station styled FM-101 (Freedom Muzzler-101) must hit the airwaves for the rakyat’s views and opinions to nudge our lawmakers into consciousness if indeed freedom of speech is alive and well.
Provision 2021 must birth laws like the Locating and Arresting of Fugitives Act; No Bail For Purloiners Act; Watching the Police Act; The Constitutional Court Act; Public Servants’ Bank Accounts Surveillance Act; and the Prevention of Party Hopping Act.
Parliamentarians should be making New Year resolutions for creating and passing foolproof laws for a maturing citizenry. Most assuredly, the Reconfiguration of MA63 Act would be accorded a very warm welcome since the gaps, dents, crevices, cracks and holes in the original MA63 need long overdue repairs, and maybe replacements.
The views expressed are those of the author and do not necessarily reflect the official policy or position of the New Sarawak Tribune.
