The importance of due process and dignified governance

Merely days after Pakatan Harapan won the elections, the Registrar of Societies almost instantly approved the registration of Pakatan Harapan as a formal coalition and gave Bersatu a clean ticket of health with regards to its previously uncertain legality - issues that had previously been dragging on for months.

How nice it would be if this was the very last time the authorities decided a procedural matter based simply on who was in power.

For too long, many government institutions that were supposed to work independently and function in many cases as a check and balance have based their decisions merely on prevailing political winds.

A new government is an opportunity to turn this culture on its head, right from the get-go. Doing so consistently right from the start is important in order to set the tone that will define the rest of Harapan’s tenure in government.

The country needs strong, robust institutions, and a key difference between a functioning institution and a dictatorship of whim and fancy often centres simply on procedural correctness and objective adherence to the letter of the law. Where the laws are bad, we also now have an opportunity to change them.

We must remember this, as emotions run strong amidst this new era. Failure to do so puts us at risk of having only changed the people in power, but not the culture of power.

Legitimacy of travel bans

The issues surrounding former prime minister Najib Abdul Razak provide many cases in point.

Firstly, there is the travel ban. Like many others, I believe that Najib (photo) and his wife Rosmah Mansor should not be allowed to leave the country. The likelihood that they - and all the secrets they hold - would never return to Malaysia seems too high a risk.

I am grateful however to Gerakan’s Andy Yong, who pointed out a fact that had not occurred to me. He asked: On what basis was Najib being prevented from leaving the country?

This struck me, as I realised that the immigration ban was likely served at the pleasure of the new prime minister, without any further procedural grounds.

We recall the case of Tony Pua, who was apparently issued an immigration ban without any justification whatsoever. This was a clear injustice that was rightly challenged in court.

I believe the takeaway here is that the government should not have the unchecked power to impose travel bans without due process and proper justification.

The ideal solution would be for mechanisms to be put in place to justify the issuing of any travel bans, that could perhaps be challenged in court if necessary.

#Chocsforcops?

The issue surrounding Najib’s chocolates certainly captured the public’s imagination.

On the one hand, we can all empathise with comments such as: “Really? Complaining that cops stole your chocolate? How about what you stole from the country?”

On the other hand, I believe Bukit Aman Commercial Crimes Investigation Department chief Amar Singh (photo) is correct to promise stern action against the cops involved, if they are found guilty of taking the chocolate.

A bad action is not right simply because it is directed at someone we don’t personally like, or even someone who may have committed a crime.

Similarly, when Rosmah says that leaks of the investigation should be stopped because they will result in a trial by media, there may be merit to her contention.

As we form our opinions about these developments, it is worth asking ourselves: are our judgements based on what is right and wrong, or on how we feel about the people involved?

If it is wrong to slap a travel ban on Pua without some sort of written justification that can be scrutinised, the same should apply to Najib.

As a side note though, I think the #chocsforcops campaign is one of the better ways for the public to respond to this particular issue - light-hearted amusement at its best.

The need for patience

Our eagerness for justice should obviously not turn into some sort of bloodthirsty witch hunt with predetermined verdicts.

In this crucial time, we should instead be taking extra care to make sure that everything is done by the book.

The case of MACC chief Mohd Shukri Abdull (photo), whose revelations have been criticised by a number of quarters as potentially being premature and prejudicial, especially given his present post, is also worth looking at.

We can all understand the feelings of Shukri, who must have being carrying this weight on his chest for very long. No doubt, many people were also eager to hear his startling revelations.

That said, taking longer-term considerations to heart, it is important that his every step be calculated to ensure the end goal of justice - done by the book, and with no loopholes for escape.

It is a nice feeling to unload these burdens, but it should not come at the cost of contributing towards any potential miscarriage of justice.

Governing without personal attacks

It was also a little jarring to hear the new finance minister describe 1MDB president Arul Kanda Kandasamy (photo) as “utterly dishonest and untrustworthy”.

The minister does indeed have a job to do with regards to fixing the 1MDB scandal, which has angered so many Malaysians.

That said, I believe a statesperson’s role is not to reflect every negative emotion of the larger electorate, but to set an example regarding the dignified pursuit of justice.

One hallmark of this is to not get personal - there is simply no need.

The minister could have said that he found the testimony to be unsatisfactory and devoid of credibility, without having to resort to a personal attack on Arul Kanda’s character.

One is not in the opposition any more, and street fighter sensibilities should be left in the past.

Objective, procedurally correct probe needed

What Malaysia probably needs most at this point is an honest, thorough, and ultimately objective accounting of what has been happening over the last few years and decades.

For too long, information has been hidden, obfuscated and politicised.

Every detail of every scandal should be made public, but it should be done professionally and by the book.

The end result, no matter how long it takes, should be an A to Z accounting of how we got to the sorry state of affairs we are in.

On the road to this destination, let us not sacrifice thoroughness and legitimacy for emotional indulgence.

A little faith, patience and confidence will go a long way to ensure that we not only achieve proper justice, but also set the right tone for how things ought to be done.

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NATHANIEL TAN is eager to serve. - Mkini