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    Civil society should stand up to remove the 
    first “good governance” black-eye under Abdullah Ahmad Badawi’s watch as 
    Prime Minister and demand that Parliament review and rescind Bukit Glugor MP 
    Karpal Singh’s six-month suspension as it is the very antithesis of 
    accountability, transparency, justice and good governance 
    
     
  
     
    Speech  
    - 
    
    
    to the Suhakam  Malaysian Human Rights Day 2004 Conference 
    themed “Human Rights and Good Governance” on  “Accountability and 
    Transparency for Good Governance in the Private and Public Sectors” 
    
    
    by Lim Kit Siang 
    (Kuala Lumpur,
    Friday):  The term “governance” means different things to 
    different people and institutions, with many referring to a process by which 
    power is exercised as distinguished from its ends. 
     
    The United Nations Commission on Human Rights has defined “good governance” 
    as follows -  
    “Governance is the process whereby public institutions conduct public 
    affairs, manage public resources and guarantee the realization of human 
    rights. Good governance accomplishes this in a manner essentially free of 
    abuse and corruption, and with due regard for the rule of law. The true test 
    of ‘good’ governance is the degree to which it delivers on the promise of 
    human rights: civil, cultural, economic, political and social rights. The 
    key question is: are the institutions of governance effectively guaranteeing 
    the right to health, adequate housing, sufficient food, quality education, 
    fair justice and personal security?” – (http://www.unhchr.ch/development/governance-01.html) 
    In its resolution 2000/64, the Commission identified the key attributes of 
    good governance as: 
    
    Resolution 2000/64 expressly 
    linked good governance to an enabling environment conducive to the enjoyment 
    of human rights and "prompting growth and sustainable human development". 
     
    By linking good governance to sustainable human development, emphasizing 
    principles such as accountability, participation and the enjoyment of human 
    rights, and rejecting prescriptive approaches to development assistance, the 
    resolution stands as an implicit endorsement of the rights-based approach to 
    development. 
     
    Good governance therefore refers 
    to the competent management of a country’s resources and affairs that is 
    open, accountable, equitable and responsive to people’s needs and it 
    encompasses: 
    
      - 
    
Representative government, held 
    accountable to citizens through free and fair elections. 
       
      - 
    
A strong pluralistic civil 
    society, with freedom of expression and association. 
       
      - 
    
The rule of law, through impartial 
    and effective legal systems. 
       
      - 
    
Public sector institutions that 
    deliver basic public services responsive to the needs of its citizens. 
       
      - 
    
Public financial systems that 
    allocate and disburse resources efficiently and effectively, and that enable 
    private enterprise and private markets to flourish. 
       
     
    Promoting good governance is not 
    restricted to federal government agencies. It must also be adopted by 
    service delivery areas of state governments, local authorities, civil 
    society and the private sector. 
     
    The United Nations Development Programme (UNDP) Human Development Report 
    2002 stressed that the heart of achieving good governance is building 
    appropriate institutions, including 
     
    
      - 
    
An electoral system that 
    guarantees free and far elections as well as universal suffrage; 
       
      - 
    
A system of checks and balances 
    based on the separation of powers, with independent judicial and legislative 
    branches; 
       
      - 
    
A vibrant civil society, able to 
    monitor government and private business – and provide alternative forms of 
    political participation; and 
       
       
      - 
    
A free and independent media. 
       
     
    All these four factors are 
    conspicuously lacking in Malaysia and must rank as among the reasons why 
    Malaysia is still suffering from the “First World Infrastructure, Third 
    World Mentality” malaise which the Prime Minister, Datuk Seri Abdullah Ahmad 
    Badawi had rightly diagnosed as a major impediment to Malaysia becoming a 
    fully developed nation. 
     
    The nation held its 11th general election on March 21, and despite promises 
    that it would be the most efficient and competent general election ever held 
    in the country, it proved to be the most chaotic, inefficient and 
    disgraceful in the 46-year history of the nation, raising questions about 
    the credibility and legitimacy of the unprecedented nine-tenth parliamentary 
    majority of the ruling coalition. Against all principles of accountability, 
    transparency and good governance, we have the most ludicrous situation where 
    all over the country, whether in coffee shops, teh tarik stalls, forums or 
    seminars, the Election Commission was lambasted for its grossly incompetent 
    and inefficient conduct of the general election – except in Parliament, the 
    highest legislative and deliberative chamber of the land, where not even a 
    question could be asked or raised, let alone allowing my no confidence 
    motion for the impeachment of the Election Commission Chairman and members 
    on the spurious ground by the Speaker that they are protected by the sub 
    judice rule because of various election petitions still pending in court. 
     
    Two events that happened in the past eight days provide an excellent 
    backdrop for an assessment of the current state of accountability, 
    transparency and good governance in the country. 
     
    The landmark Federal Court decision on Sept. 2 acquitting former deputy 
    prime minister Datuk Seri Anwar Ibrahim of sodomy charges and conviction and 
    setting him free after six years of imprisonment, gave hope that it was a 
    watershed for the system of justice, the first major breakthrough to dispel 
    the black clouds which have blanketed the judiciary for more than 
    one-and-a-half decades. 
    It was no zero-sum game but a 
    multiple win-win situation. Anwar’s acquittal and regaining of his lost 
    liberty and rights was good for him allowing him to walk out as a free man 
    and to go to Munich for his long-delayed medical treatment of his choice 
    (and he has started on his process of recovery after a successful 
    operation); good for his family particularly his wife Datin Seri Dr. Azizah 
    Wan Ismail and his six children who had suffered even more for six years; 
    good for his political party after a major electoral setback in the March 
    general election and good for the Malaysian Opposition belabouring under the 
    greatest parliamentary defeat in the 47-year history of the nation, with the 
    Barisan Nasional winning an unprecedented nine-tenth parliamentary majority. 
     
    But it is also good for the system 
    of justice after being the object of international opprobrium for more than 
    one-and-a-half decade since the arbitrary and unconstitutional dismissal of 
    the Lord President, Tun Salleh Abas and two Supreme Court judges in 1988, 
    climaxing with the report "Justice in Jeopardy: Malaysia 2000", a terrible 
    indictment of the judiciary and the rule of law in Malaysia by the 
    international community of lawyers and judges. The majority Federal Court 
    judgment acquitting Anwar was the first major turning point in 16 years 
    giving hope that Malaysia can restore national and international confidence 
    with a truly independent judiciary and a just rule of law. 
     
    It is good for human rights, 
    democracy, good governance and the fundamental principle of the separation 
    of powers of the three branches of government. It is good for UMNO and 
    Barisan Nasional. It is so good for the Prime Minister, Datuk Seri Abdullah 
    Ahmad Badawi that one foreign newspaper had described Abdullah as the 
    biggest winner – that he is “being seen as the man whose calming manner made 
    it possible for Malaysia to begin to put one of its darkest political 
    moments behind it at last”. 
    Of course, it may not be good for 
    Tun Dr. Mahathir Mohamad and his cronies. Nobody believes that with Tun Dr. 
    Mahathir as the Prime Minister, the Federal Court would have come out with 
    such a judgment to acquit Anwar, and Abdullah deserves credit for creating 
    the environment where such a landmark judgment could be made with his public 
    commitment that the government would not interfere with the judiciary and 
    would respect its decisions. 
     
    A swallow, however, does not a 
    summer make. Before the country could be fully assured that the judiciary 
    has truly turned the corner and is embarked inexorably on the road to return 
    to unquestioned judicial independence, impartiality and integrity which it 
    enjoyed during the tenure of the first three Prime Ministers in the country 
    and the restoration of the fundamental constitutional and democratic 
    principle of the separation of powers of the Executive, Judiciary and 
    Legislature, accountability, transparency and good governance in Malaysia 
    suffered another major blot five days after the landmark Federal Court 
    judgment. 
     
    This was the decision by the brute nine-tenth parliamentary majority vote 
    suspending DAP MP for Bukit Glugor, Karpal Singh, as a Member of Parliament, 
    depriving him of all parliamentary allowances and perks, for 10 days if he 
    apologises or for six months if he does not apologise within three days 
    expiring today. 
     
    What was Karpal’s offence? Was the sentence commensurate with the alleged 
    offence? Although there is considerable media publicity in the past few days 
    about the parliamentary debate and Karpal’s suspension, I do not think more 
    than a handful out of 25 million Malaysians could really answer these two 
    questions – itself an indictment of the multiple failures of accountability, 
    transparency and good governance in Malaysia. 
     
    But let me first answer the question - What was Karpal’s offence of breach 
    of parliamentary privileges?  
     
    On 14th June 2004, the brute nine-tenth majority of Parliament referred 
    Karpal to the Committee of Privileges to determine whether he had committed 
    two breaches of parliamentary privileges, i.e. made a false statement and 
    misled the House “telah membuat kenyataan palsu dan telah memesongkan Dewan” 
    during the oath-taking ceremony of MPs on May 17, when he had raised the 
    issue of the propriety of MPs not putting up their right hand, citing the 
    Statutory Declarations Act 1949 (and subsequently the Oaths and Affirmations 
    Act 1949). 
     
    The report of the Committee of Privileges was improper, irregular and 
    unparliamentary for several reasons, including: 
    
      - 
    
It was at most a majority report 
    as the sole Opposition MP on the Committee of Privileges, Chong Eng (Bukit 
    Mertajam) was denied the right to submit her minority dissent report; 
       
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The report was only signed by 
    Datuk Dr Yusuf bin Yacob, with the other members of Committee never asked to 
    give their approval to the final draft before presentation to the House and 
    therefore seeing the report the first time as other MPs when it was tabled 
    in the House. 
       
      - 
    
its findings were not accompanied 
    by the reports of the verbatim proceedings of its four meetings, viz: 25th 
    June, 10th July, 15th July and 10th August 2004, violating all parliamentary 
    practices and conventions whether in Malaysia or the Commonwealth 
    Parliaments; 
       
      - 
    
the Committee of Privileges did 
    not display the independence, impartiality and integrity in the carrying out 
    of its proceedings, as the majority allowed extraneous factors, influences 
    and personalities to dictate the results; and 
       
       
      - 
    
the findings are not borne out by 
    the reports of the verbatim proceedings of the Committee of Privileges. 
       
     
    The refusal to table the reports 
    of the verbal proceedings of the four committee meetings was both a contempt 
    of MPs and the Malaysian public as well as a travesty of justice – denying 
    MPs and the Malaysian people their fundamental right to know and the 
    opportunity to study the verbatim proceedings to decide whether they support 
    the findings and recommendations of the majority report of the Committee of 
    Privileges, which go the very core questions of accountability, 
    transparency, justice and good governance. 
     
    The shocking fact of the matter is that all the six members of the Committee 
    of Privileges at their second meeting on July 10 unanimously agreed that 
    Karpal was not guilty of both the two alleged breaches of privileges for 
    which they were directed to determine. 
     
    The six members were: Datuk Dr. Yusuf bin Yacob, the Deputy Speaker who 
    acted as Chairman as the Speaker, Tun Mohamed Zahir Ismail was an interested 
    party as the complainant against Karpal; Choor Chee Heung (Alor Setar), Dr. 
    James Dawos Mamit (Mambong), Datuk Mohd. Zaid bin Ibrahim (Kota Bharu), 
    Devamany a/k Krishnasamy (Cameron Highlands) and Chong Eng (Bukit Mertajam). 
     
    This is from the verbatim report of the second committee meeting on 10th 
    July 2004: 
    
    “Datuk Mohd Zaid bin Ibrahim: 
    Tuan Pengerusi, saya melihat dari statu segi memanglah Yang Berhormat bagi 
    Bukit Gelugor mengeluarkan atau menyatakan fakta-fakta yang salah atau silap, 
    bukan sekali tetapi dua kali dan tiga kali dalam akhbar dan di dalam Dewan 
    mengenai rujukan beliau – Oaths and Affirmations Act, Statutory Declarations 
    Act dan macam-macam lagi. Jadi, dari segi itu, saya rasa memadailah kita we 
    can admonish him, kita kata you know Members of Parliament must be more 
    careful, must be more responsible in stating facts in Parliament. Kita boleh 
    begi amaran. I think we can do that. 
     
    “Kita ada kuasa macam-macam, this Committee. We can say that he should 
    behave better next time, things like that tetapi to find him guilty of the 
    charge seperti yang saya sebut tadi saya rasa agak sukar kerana saya berpuas 
    hati bahawa kesilapan dia hari itu bukan untuk memesongkan Dewan. Itu pada 
    pendapat saya. Saya juga merasakan tidak ada gunanya dia hendak memesongkan 
    Dewan kerana kertas arahan, saya juga Ahli Dewan yang baru, saya angkat 
    sumpah kali pertama maka saya berpandu kepada arahan Dewan sendiri. Jadi 
    tidak ada sebab mengapa seorang Ahli Dewan lain hendak memesongkan fakta itu 
    kerana arahan daripada Dewan sendiri. 
     
    “This is clear dan saya pun merasakan semua orang walaupun Dewan berhak 
    membuat peraturan-peraturn sendiri. Malangnya kita punya Rules Committee, 
    the High Court Committee tidak ada mengatakan kita kena mengangkat tangan 
    tetapi sebagai conventional practice di mahkamah, itu memang biasa dan saya 
    akui Dewan berhak membuat keputusan dan saya percaya dan saya bersetujulah 
    Speaker juga boleh mengatakan angkat sumpah dengan cara mana sekalipun itu 
    saya juga setuju. 
     
    “Tetapi hakikatnya arahan ataupun guidance daripada Dewan is to raise our 
    right hand dan saya sebagai Ahli Dewan baru say baca benda itu. Jadi saya 
    tidak nampak apa gunanya seorang Ahli Dewan yang lain cuba hendak 
    memesongkan fakta-fakta itu sedangkan benda itu ada di depan semua ahli. So 
    I don’t think he was trying to mislead the House. He made a mistake and kita 
    sebagai Ahli Parlimen dan sebagai human beings, we all make mistakes. Jadi 
    saya rasa kalau Karpal Singh sudah mengatakan he regretted it, dia regret, 
    dia silap and I think kita pun make our point supaya Ahli-ahli Parlimen 
    lebih berhati-hati, I think we can admonish him, we can warn him tetapi to 
    take it any further I rasa it’s not right also. 
     
    “Itulah pandangan saya, Tuan Pengerusi and I say this because one day we all 
    will make mistake also unintentionally and saya rasa this is a precedent 
    yang kita semua sebagai Ahli-ahli Committee ini we have to be responsible 
    for. Kalau we set a wrong precedent, we make a wrong ruling, mungkin kita 
    juga akan rugi in future. Dari segi tindakan Karpal Singh sebagai seorang 
    Ahli Parlimen yang saya lihatlah, tindak tanduk dia itu memanglah, cara dia 
    itu very abusive sometimes dan dia punya sikap yang tidak menghormati, itu 
    saya setuju tetapi itu bukannya the charge yang ada di depan kita. Kalau 
    kita hendak mengambil tindakan kepada Karpal Singh, kita tunggulah di 
    masa-masa lain di mana dia melakukan perkara-perkara yang menghina dan 
    sebagainya, kita boleh mengambil tindakan tetapi bila kita draw up a motion, 
    kita move a motion in Parliament to commit somebody to the Committee of 
    Privileges, kita kena berhati-hati. We must know what we’re doing. Jadi we 
    respectlah. 
     
    “Jadi saya rasa soal tindak-tanduk dia, arrogance dia, cara itu, this is 
    irrelevant. The issue is basically sama ada bila dia sebut wrong act itu 
    niat dia hendak memesongkan kita dan atas alasan itulah saya, Tuan Pengerusi, 
    saya rasa perkara ini memadailah kita warn him, kita admonish him, we tell 
    him to be more careful and I think kita selesaikan perkara ini. Terima kasih.”
    (pp 14-15) 
     
    Mohd Zaid repeated later in the 
    meeting: “I don’t think he was trying to mislead the House”.(p 22) 
    
    “Dato’ Chor Chee Heung: “Sekarang 
    Jawatankuasa Hak dan Kebebasan berhadapan dengan tiga isu seperti 
    dipersetujui oleh semua Ahli, iaitu yang pertama, sama ada kenyataan yang 
    dibuat pertama kali pada hari di mana Ahli-ahli Parlimen mengangkat sumpah 
    adalah palsu ataupun tidak. Yang kedua, sama ada kenyataan beliau itu telah 
    pun memesongkan Dewan yang mulia ini. Yang ketiga, jika ia, apakah hukuman 
    yang setimpal. 
     
    “Pada pendapat saya, bila saya dapat review balik Hansard, apa yang telah 
    pun diperkatakan di dalam Hansard termasuk juga dengan authorities yang 
    sedia ada, saya percaya yang pertama, kita tidak payahlah memanggil Yang 
    Berhormat Bukit Gelugor untuk memberi keterangan yang lebih lanjut ataupun 
    memanggil peguamnya sendiri untuk membela Yang Berhormat bagi Bukit Gelugor 
    sebab mengikut apa yang kita ada ini sudah mencukupi as a basis untuk 
    mencapai satu keputusan. 
     
    “Baiklah, kita berbalik kepada hari di mana Yang Berhormat bagi Bukit 
    Gelugor membuat kenyataan bahawa mengangkat sumpah tidak sah kalau tidak 
    mengangkat tangan kanan seperti yang diperlukan di bawah Statutory 
    Declarations Act (SDA). Pada pendapat saya Statutory Declarations Act memang 
    silap, tetapi tidak mencukupi untuk amounting to satu kenyataan yang 
    palsulah… 
     
    “….Based on that saya percaya satu kenyataan beliau tidak semacam seperti 
    yang kita katakana palsulah. 
     
    “Yang kedua, I don’t think his statement is enough to memesongkan Dewan 
    tetapi oleh kerana dia telah membuat kenyataan yang silap pertama kali 
    sepatutnya beliau haruslah meminta maaf, katalah dia declare dia membuat 
    silap tetapi dia tidak berbuat demikian sebab saya percaya selepas itu event 
    lain itu sudah overtaking of what has happened, dia pergi dekat press, dia 
    ingin hendak apologize, of course that is outside our consideration. 
     
    “Walau bagaimanapun, saya percaya kalau kita hendak membuat satu keputusan, 
    pendapat saya ialah if he can say again that he regrets what he said the 
    first time and at admonishment by the House, I think it is sufficient, that 
    is my opinion.” (pp 17-18)  
     
    “Dr. James Dawos Mamit: Yang penting adalah kita melihat daripada citation 
    of the Act ataupun sebut akta itu pada 17 Mei, itu memang satu akta yang 
    salah, tetapi Yang Berhormat bagi Bukit Gelugor telah pun membuat kenyataan 
    bahawa beliau menyebut akta yang salah dan beliau juga telah pun menyatakan 
    beliau regret tentang sebutan itu di dalam newspaper. 
     
    “Oleh yang demikian, kita harus melihat daripada usul yang dibentangkan pada 
    14 June apakah makna usul itu. Usul itu menyatakan bahawa sama ada dia sebut 
    akta yang salah atau tidak, dan jika salah sama ada dia memesongkang 
    Parlimen. Daripada pandangan saya, saya lihat dia tidak memesongkan Parlimen. 
    Pada 17 Mei pun kalau saya lihat dia menyebut Statutory Declarations Act itu 
    semata-mata untuk mendapatkan publisiti sebab masa itu pun memang TV ada, 
    media pun ada, tetapi niatnya untuk memesongkan Parlimen saya rasa memang 
    tidak ada.” (pp 18-19) 
     
    “Devamany a/l S. Krishnasamy: Saya rasa benda ini sudah jelas sebenarnya 
    misled atau memesongkan Dewan memang tidaklah, kita mengakui daripada apa 
    yang dibincang.” (p. 23) 
       
     
    Chong Eng’s position was equally 
    clear – that Karpal had made a wrong but not a false statement and there had 
    been no attempt to mislead the House. 
     
    During the debate in Parliament on the motion to suspend Karpal on Tuesday, 
    I had in fact named the members of the majority report one after another, 
    asking them to stand up to deny that they had individually held on July 10 
    that Karpal had not made a false statement and had not misled the House, but 
    none stood up to contradict my statement. 
     
    After all the five members had expressed their concurrent stand that 
    although Karpal had made a wrong statement, he had not made a false 
    statement or misled the House, Dr. Yusuf went along with the consensus 
    making it an unanimous finding of the Committee of Privileges – a six to 
    zero score that Karpal was not guilty of the two breaches of parliamentary 
    privileges alleged against him. 
     
    However, at the fourth meeting of the committee on 10th August 2004, despite 
    their earlier stand on July 10 that Karpal was innocent of both allegations 
    of breach of privileges, five of the six members (excluding Chong Eng) voted 
    to support the punishment for Karpal – ten days of suspension with apology 
    or six months suspension without apology. This created dubious history in 
    Malaysia of a person being punished although he had been cleared of the two 
    alleged offences levelled against him. 
     
    What was the rationale for the total reversal of the unanimous finding of 
    the six-man Committee on July 10 that Karpal had made a wrong statement but 
    not a false statement and that he had not misled the House? 
     
    This was provided by Datuk Mohd. Zaid at the third meeting on 15th July 
    2004, when he responded to Chong Eng, who expressed surprise that the two 
    issues were being revisited (Verbatim report): 
    
    “Puan Chong Eng: Yang Berhormat 
    Tuan Pengerusi, saya rasa kita semua bersetuju bahawa he did not mislead the 
    House, dia pun tidak buat kenyataan palsu. Jadi, the question of a hukuman 
    did not arise… (p. 3) 
     
    “Datuk Mohd. Zaid bin Ibrahim: Nanti, nanti, so there are two parts, the 
    charge is two parts, one he made a false statement, and then whether that 
    statement is mislead the House. Dan pada hari itu saya rasa, kita beri 
    pandangan individu, as a group, kita belum lagi membuat keputusan. 
     
    “Saya beri pandangan, Alor Setar dan Cameron Highlands, you look at the 
    minutes, tetapi we still have to sit down and decide as a group. Jadi saya 
    rasa hari itu hanyalah pandangan-pandangan yang diberi oleh individual 
    capacity berdasarkan kepada laporan saya dan pandangan masing-masing. 
     
    “Jadi, it is not correct to say, as a committee kita telah membuat keputusan 
    dia tidak bersalah, I don’t think we have done that. [Ketawa]” (pp 5-6) 
     
    The laughter could not have come 
    from Chong Eng, who immediately protested though to no avail: 
    
    “Puan Chong Eng: Tuan Pengerusi, 
    I would like to get your attention at page 15 in this last report, the last 
    meeting page 15, that Yang Berhormat Kota Bharu mengatakan, so I don’t think 
    he has trying to mislead the House, he made a mistake.” (p 6) 
     
    The laughter could only have come 
    from the majority members of the Committee who must have found it ridiculous 
    for them to take the position that while individually, they agreed that 
    Karpal had neither made a false statement nor misled the House, collectively 
    as a group they had to take the majority position that Karpal should be 
    punished nonetheless in accordance with the script which had been written 
    outside the Committee. 
     
    A perusal of the verbatim report of the fourth meeting of August 10 shows 
    that the proposed punishment was not the result of any discussion in the 
    Committee of Privileges, originating from one or more members of the 
    Committee, but was presented to the Committee as a diktat from an external 
    source outside the Committee, in the form of a “draft report” of the 
    Committee of Privileges for tabling in Parliament. (p 1) 
     
    The upshot was that an unanimous decision of all six members on July 10 that 
    Karpal was not guilty of the two allegations of breaches of parliamentary 
    privileges in making a false statement and misleading the House was 
    overturned resulting in a five-to-one decision in support of the proposal in 
    the “draft report” to punish Karpal . 
     
    In Anwar’s earlier corruption case, the charges were amended in mid-stream 
    during the trial. In Karpal’s case, the majority in the Committee of 
    Privileges were given a punishment to impose, and the majority members had 
    to resort to the linguistic gymnastics of equating a “wrong statement” with 
    a “false statement”, after having earlier debunked such an equation, and 
    convicting Karpal of “trying to mislead” Parliament (cuba memesongkan Dewan) 
    when the Privileges Committee was specifically directed to determine whether 
    Karpal had “misled” Parliament (telah memesongkan Dewan). Karpal was never 
    notified that the goal posts had been moved arbitrarily by the Committee of 
    Privileges without the sanction of Parliament and he was again denied the 
    rules of natural justice and his fundamental right to be heard. 
     
    In the circumstances, the failure to present the verbatim reports of the 
    four meetings of the Committee of Privileges cannot but take on a sinister 
    hue as intending to mislead Parliament and hide the fact that the majority 
    recommendations contradicted the Committee’s unanimous decision on July 10 
    that Karpal was not guilty of the two allegations of breaches of privileges. 
     
    I understand that it is the Speaker, Tun Mohamad Zahir Ismail who had not 
    allowed the verbatim reports of the four meetings of the Committee of 
    Privileges to be presented to the House together with its report – making an 
    utter mockery of the principles of accountability, transparency, justice and 
    good governance. 
     
    I have chosen to speak at length on the case of Karpal’s suspension because 
    it is the first scandal of accountability, transparency, justice and good 
    governance under the premiership of Datuk Seri Abdullah Ahmad Badawi. 
     
    No one would be surprised if the unjust, unparliamentary, biased and 
    vindictive motion suspending Karpal had taken place under Mahathir’s 
    Parliament – as Karpal himself had been arbitrarily expelled from Parliament 
    in 1984 and three other DAP MPs had been suspended from Parliament during 
    Mahathir’s 22-year premiership and Zahir’s speakership, viz. DAP MP for 
    Sandakan Fung Ket Wing in 1984, DAP MP for Batu Gajah Fong Poh Kuan who was 
    suspended for six months without allowance in December 2001 and my 
    seven-month suspension in 1992. 
     
    But for such tyranny of the majority and travesty of justice to take place 
    under Abdullah’s Parliament is a sober reminder that the country is not 
    completely free from the mindset, culture and clutches of high-handed, 
    arbitrary and undemocratic governance of the Mahathir era. The arbitrary and 
    unjust suspension of Karpal has in fact gone a long way to undo the good of 
    the Federal Court judgment the previous Thursday acquitting Anwar Ibrahim, 
    allowing him to walk out from the Palace of Justice as a free man – raising 
    hopes that real change and reform is possible under the new Prime Minister. 
     
    The civil society should stand up to remove the first “good governance” 
    black-eye under Abdullah Ahmad Badawi’s watch as Prime Minister and demand 
    that Parliament review and rescind Bukit Glugor MP Karpal Singh’s six-month 
    suspension as it is the very antithesis of accountability, transparency, 
    justice and good governance. 
     
    If the Federal Court could take the landmark decision to review its decision 
    on Anwar’s corruption conviction, Parliament cannot do less than review and 
    rescind its unjust six-month suspension of Karpal – to send out a clear and 
    unmistakable message that Abdullah’s Parliament is capable of repairing its 
    first a major multiple failure of accountability, transparency, justice and 
    good governance in the mishandling and victimization of Karpal by a brute 
    nine-tenth parliamentary majority. 
     
    Parliament should be the centerpiece of any national endeavour to raise the 
    quality of good governance by upholding the principles of accountability and 
    transparency to promote equitable and sustainable development, eradicate 
    poverty, fight corruption and abuses of power, foster greater participatory 
    democracy and usher in press freedom and freedom of information. 
     
    If the civil society cannot hold Parliament to account and prevail upon it 
    to review and rescind the injustice of the six-month suspension of Karpal, 
    then all the conferences and talk about accountability, transparency and 
    good governance would be quite meaningless and count for nothing. 
     
    How can Malaysians really hope to have a effective system of checks and 
    balances, upholding the important constitutional and democratic principle of 
    the separation of powers among the Executive, Judiciary and Legislature, 
    leading to the restoration of national and international confidence in a 
    truly independent judiciary and a just rule of law, when Parliament could be 
    so guilty of such scandalous disregard of the core principles of 
    accountability, transparency, justice and good governance as in the case of 
    Karpal’s most irregular and arbitrary suspension? 
     
    May be Suhakam can also play a role in this regard by holding an inquiry 
    into the violation of the rights of a Member of Parliament as well as the 
    violation of the principles of accountability, transparency, justice and 
    good governance in the six-month suspension of Karpal from Parliament. 
  
    (10/9/2004) 
     
    * 
    Lim Kit Siang, 
    Parliamentary Opposition Leader & 
                          DAP
                          Central Policy and Strategic Planning Commission 
                          Chairman 
     |