Malik Imtiaz Sarwar is the current president of the National Human Rights Society (Hakam) and a lawyer. He has been at the forefront of efforts aimed at promoting constitutionalism and the Rule of Law. His blog ‘Disquiet’, and weekly column of the same name with the Malay Mail, are widely read.

The Texture Of Justice

MAY 12 - It was to be expected. As news of the decision of the High Court in the matter of Nizar v Zambry filtered out, many were quick to give thanks and express encouragement for what they perceived as a courageous judgment.

Some even expressed the hope that the judiciary was recovering its independence.

The judgment did, after all, run counter to the entrenched positions of the Prime Minister, who was the Perak Umno liaison chief at the time power was seized in the state, the Barisan Nasional leadership and the Federal Government they have constituted, and His Royal Highness the Sultan of Perak.

Read more...

They play, we all pay

MARCH 31 – The Umno Assembly has come and gone and, as has been the case for at least the last three assemblies, in its wake many of us have been left uneasy and in a state of disquiet.

Seeing the inner workings of the Leviathan’s mind is never an easy thing, even at the best of times. And these really are the worst of times.

Power lust has put a debilitating strain on our national institutions; they are in the mind of the public nothing more than lifeless marionettes in a caricature of democracy. The accumulation of money and influence has for some time now been the greater social good in the minds of many of those who claim the right to lead us. Governance has been wholly enslaved to the perverse politics required to feed this monstrous craving.

Read more...

Assault on Legislature, Constitution dead

By Malik Imtiaz Sarwar

MARCH 7 — Discussing the Perak situation with specificity is, by this stage, a difficult thing to do. So much has happened so quickly. Nuanced actions and counter-actions, some of them in uncertain legal terrain, and relatively scarce details have made it precarious to consider certain key events — the legal action against the Speaker and its incidents, for instance — with the depth that only certainty would allow for.

Having said that, whatever the specifics may be and whoever may be right as to the validity or legality of certain aspects of the unfolding saga, when considered from a broader perspective and with reference to the fundamentals of democracy, I do not think that the situation in Perak is very complicated at all. As Tengku Razaleigh recently observed, a chain-reaction of illegality has left Perak possibly without a legitimate government and the Constitution a dead piece of paper.

Read more...

Perak: A constitutional crisis

By Malik Imtiaz Sarwar

FEB 6 — Now that the dust is settling, it is becoming clearer what it is that took place in Perak over the last 24 hours. My respectful view is that His Highness may have acted erroneously in directing the resignation of the menteri besar.

As always, it will be useful to consider the objective facts. They are as follows:

  • His Highness, the Sultan of Perak, granted audiences and in doing so was made to understand that the majority of the members of the Legislative Assembly no longer support the incumbent menteri besar. Of these, three memberships are disputed in view of letters of resignation having been tendered to the speaker. The speaker has taken the position that the letters are valid and as such the three members are no longer members. Further, legal proceedings are being contemplated
Read more...

Making sense of the Perak controversy

By Malik Imtiaz Sarwar

FEB 4 — Before embarking on an analysis of the state of play in Perak, it would be of value to consider the objective facts:

  • Two assemblymen signed undated resignation letters as a condition to their being nominated by their political party for a state election. For this, the party also gave them full support, financial and otherwise. They won their respective seats;
  • The undated resignation letters were submitted to the speaker of the Legislative Assembly. The Perak Constitution allows members of the assembly the option of resigning their membership “by writing under his hand addressed to the speaker”;
Read more...

Sponsored Links