==> Pls visit new site at http://malaysia-today.net/ <==

1.    I refer to the Star news report dated 23rd May 2008 with the heading ‘’Zaid: Bill on JAC to be tabled soon’’.

2.    Zaid Ibrahim, the Minister in the prime minister’s department is reported to have said ‘’The Government is committed towards accountability and will not accept absolute power enjoyed under the term prerogative. Previously, a Prime Minister could say that he was not required to inform the Rakyat about his decision as he had the prerogative to make his decisions and need not explain anything’’.

3.    Zaid Ibrahim has knowledge and confirms that it is not wrong in law for a prime minister to enjoy prerogative powers when exercising his duties and functions in making decisions when administering the government. However in reality the prime minister does not have absolute power as the prerogative is exercised reasonably and sensibly by the prime minister in the interest of the government and the Rakyat in important or essential matters.  It is the norm for a prime minister when exercising this prerogative not to give reasons for his decisions to the Rakyat as there is a matter of ‘’confidentiality’’. If the prime minister is required to explain anything to the Rakyat on the exercise of his prerogative in the making of decisions then there would inevitably be a breach of confidentiality and it will not only act to the detriment of the interested party but also have serious repercussions to the prime minister and the government. If an explanation is required for good reasons to be given to the Rakyat by the prime minister, the proper platform would therefore be to the Dewan Rakyat in Parliament. The prime minister has always acted with accountability to parliament on similar lines with the Westminster-Parliamentary system.  

4.    Zaid Ibrahim is further reported to have said that ‘’the judicial reform was carried out to restore confidence in the judiciary and was not an effort to smear the name of former Prime Minister Tun Dr. Mahathir Mohamad’’. However, Zaid Ibrahim’s statement is absolutely contradictory and inconsistent with the findings of the Royal Commission of Inquiry-Lingam. The members of the commission, obviously have knowledge that the prime minister has the prerogative to make decisions but has deliberately decided to ignore this and instead stretched their minds and their hands to the very limits to drag Tun Dr. Mahathir in and throw the ‘’book ‘’ at him for alleged offences under various laws of the country. The so-called judicial reform to be carried out by Abdullah Badawi and Zaid Ibrahim as well as the setting-up of the Royal Commission to restore confidence in the judiciary is certainly politically motivated (and this is confirmed by Loh Gwo Burne, Kelana Jaya Member of Parliament, The Star, 17/5/2008) to disrepute and smear the former prime minister, Tun Dr. Mahathir Mohamad. Therefore for Zaid Ibrahim to say that ‘’………was not an effort to smear the name of former Prime Minister Tun Dr. Mahathir Mohamad’’, cannot be accepted as to the truth of the matter.

Non-partisan lawyer
Mohd Yacob Karim

Comments (11)