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So, when Datuk Seri Nazri Abdul Aziz admitted that the six judges were in fact sacked in 1988 during Tun Mahathir’s regime, this is but mere confirmation of the truth. What is the difference? The distinction is what everybody suspects as unconfirmed truth against the covert agenda behind such plain and clear revelations. With the latter’s obedient disciple assuming the top post next year we can expect similar, if not a replica of the modus operandi with regards to the governance of the country and its residents. That particular statement also validates our worst fears that there is in reality no separation of powers here in Malaysia. Total control of the judicial and the legislature now rests solely on the government’s hands and this autocratic authority will follow whatever script as conducted by the leader of the pack.

Why is the “separation of powers” so essential to a democratic country? As the word “democratic” implies, the separation of powers within a government is there to ensure that the three branches (executive, legislature and judiciary) are independent of one another to ascertain that each are not strong enough to impose its total will on the others and in addition, this system was designed to prevent the accumulation of too much executive power within a single branch of the government. Sort of like a guard dog guarding against each other.

However, when a single branch of the government acquires more than sufficient clout to step over these invisible lines with impunity, the system of democratic governance is effectively “suspended” as accountability cannot be summarily imposed by the “weak” upon the “strong”. What about the Word of Law? Well, let us just put it this way. The laws of a nation can be amended, repealed and modified to fit the “strong”. New laws can be tabled and passed without fail. That is why it is so vitally important that a government be denied the two-thirds majority in Parliament, and why it is essential that the separation of powers exist. It is also called “checks and balances”.

When a branch of the government becomes far superior to the other two, the yearning to enforce its views and authority becomes apparent. This is done not entirely because of its egoistical inclination but primarily to reinforce its power base and to strengthen its political monopoly over the rest. Thus, other “independent” departments will be politically influenced and employed to implement this control and hence the use of the paramilitary and police forces to vindicate its actions as being lawful and legal. Morality doesn’t make the grade here.

It is therefore perceptible that the recent spates of “so-called” legitimate use of force against the population are but a mere preview to the imminent harsh imposition of a total brutal clampdown to ensure a smooth transition of power at the apex of the governmental seat, and to the continuance of the hard-line way of governance. As the impending date approaches, we can anticipate further human rights abuses and more “justifiable” arrests, regardless of whether a court warrant has been issued or not.

When the judiciary is unwillingly shackled into accepting such blatant exploitation of the law the abuser becomes brave. When its partners are forced to stand by and watch, the abuser becomes more and more audacious. When the public does not unite to denounce such actions, the abuser becomes the model of pure corruption.

Henceforth, what can we expect after the new prime minister assumes his office? Perhaps more of the same? Only time will tell but judging by the trend, one can believe that it wouldn’t be statistically wrong to assume that Ops Lalang Mark II is on the offering just around the horizon. The government is already ahead of the curve when RPK, Teresa and Tan were recently placed under preventive detention as a danger to Islam, a danger to the Muslim society and a danger to herself (“…for her own protection.”) respectively. Then there are the so-called legitimate arrests of Jamaluddin Mohd Radzi, Mohd Osman, Ronnie Liu, Abu Bakar Mohd Rashid; the banning of Hindraf and the use of riot police field force on a group of people peacefully singing the national anthem. Even a six-year-old child is not spared.

About the only good thing is that these people are still not sufficiently brave enough to position all their detractors in front of a firing squad. Yet. However, against this dark background of agony and terror stand a few accidental heroes who identified themselves to be the true fighters for democracy in a country governed through fear.

One question. What is the difference between a fascist government and the actions of our elected government? Well, the former promotes torture and summary execution when one is found to be detrimental to their cause. The latter only uses one of the above with a slight tinge of “colored” democracy still in existence. You go figure it out yourself.

-  Hakim Joe

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