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DAP proposes a “Royal” Royal Commission headed by Sultan Azlan Shah to study and make recommendations for a truly independent judiciary and a just rule of law to restore national and international confidence in the system of justice in Malaysia
 

Speech
-
at the meeting of Perak DAP State and branch leaders
by Lim Kit Siang

(Ipoh, Sunday): Sultan Azlan Shah  returned to his favourite subject on Thursday when he warned that the erosion of public confidence in the judiciary's independence would ultimately lead to instability and it would certainly take a long time and would be an arduous task to restore it.

In his speech for the opening of the Sultan Azlan Shah Multaqa and Seminar on 'Independence in the Islamic and Non-Islamic Judicial System', the former Lord President stressed that judicial independence was an essential factor to ensure justice.

He said that the law would not be effective in dispensing justice unless its implementation mechanism was based on procedures that were fair and transparent and administered by judges who were qualified, independent and of high integrity.

He said: "Any shortcomings in the functions of the judiciary will tilt the scale of justice as the judiciary has always been regarded as the true guardian of justice.

"Besides the perception of the local community of the judiciary, the view of the international community is also an influence in determining the image of the judiciary of a certain country. Now, no country can stand alone and remains immune from being assessed by interested parties, lobby groups and the international media."

Calling for the restoration of  the doctrine of the separation of power enshrined in the constitution whereby the legislature, executive and the judiciary would function as a check and balance mechanism to ensure the well-being of the people and a government administration which fully subscribes to legal principles, Sultan Azlan said:

"If the spirit of the constitution continues to be respected, then we can uphold the supremacy of the law and justice will be done."  

In the dialogue between the DAP MPs and the Suhakam Commissioners led by Suhakam Chairman, Tan Sri Abu Talib Othman on Friday,  we agreed that one of the most critical challenges facing Malaysians is re-establishing a truly independent  judiciary and a just  rule of law.

 

I had in fact specifically referred to Sultan Azlan’s speech in the dialogue between the DAP MPs and the Suhakam Commissioners.

 

Despite two false starts, Malaysia has still to seriously embark on the road to fully restore national and international confidence in a truly independent judiciary and a just rule of law, which constitute the preconditions for any effective  promotion and protection of human rights, democracy or good governance in the country.

DAP proposes a “Royal” Royal Commission headed by Sultan Azlan Shah to study and make recommendations for  a truly independent judiciary and a just rule of law to restore national and international confidence in the system of justice in Malaysia.

I concede that it  is most extraordinary and unprecedented just to  propose that a Sultan head a “Royal” Royal Commission, but this is more than justified by the  most extraordinary and unprecedented national crisis plaguing the country – the failure of the past 15 years to restore national and international  confidence in the system of justice in Malaysia – especially as no one in Malaysia today  is more eminently qualified, competent and suitable to be entrusted with such a formidable  national task to save the honour, image, soul  and future of the nation than Sultan Azlan Shah because of his vast experience, knowledge, and  life-long passion and commitment to the twin goals of a truly independent judiciary and a just rule of law.

(13/6/2004)


* Lim Kit Siang, Parliamentary Opposition Leader, Member of Parliament for Ipoh Timor & DAP National Chairman