Khairuddin’s offence - uphold rule of law

The Rukun Negara provides a set of aspirations and values that we as Malaysians should adhere to. It can give guidance on how we deal with the relationship between individuals in our society, and the relationship between individuals and the State.

Many do not seem to be aware that the Rukun Negara is divided into two parts.

The first part of the Rukun Negara recites the aspirations and ambitions of Malaysians. Amongst others, it talks about creating a just society where prosperity is shared. It also talks about preserving a democratic way of life and creating a progressive society with science and technology.

The second part outlines the five principles which are the basis to achieve our aspirations and ambitions. These five principles are familiar to us, and one of the principles is ‘Kedaulatan Undang-undang’, or the Rule of Law.

There is a lot of literature on the meaning of the ‘Rule of Law’. But all jurists and commentators agree that the Rule of Law entails that no person shall be above the law, and all persons are equal before the law.

In Malaysia, not only is this concept found in the Rukun Negara but it has also been codified in Article 8(1) of the Federal Constitution.

This would mean that the law should apply equally to all irrespective of race, religion, sexual identity, social status and etcetera.

A person’s standing in society should not matter and the law should treat him the same as everybody else. The rich must be equal to that of the poor, similarly, an elected representative must have equal standing in the eyes of the law with an ordinary citizen.

When it was revealed on Aug 18 that Plantation Industries and Commodities Minister Mohd Khairuddin Aman Razali did not undergo quarantine when he returned from Turkey in July, many were up in arms.

His predicament was made worse when it was said that Khairuddin has already been issued a compound notice by the Health Ministry before this. Khairuddin’s apology could not placate the angry masses.

The rakyat perceived that there seem to be two different treatments between ordinary citizens and members of the cabinet. They see as if there two different classes and the law treats members of these classes differently.

Malaysians made comparisons with the numerous cases of individuals being arrested and brought to court for flouting the rule. This included the ‘pink wristband lady’ and the eatery owner who purportedly caused the Sivagangga cluster. It would seem that the minister was let off with a mere slap on his wrist.

Where is the Rule of Law?

Many questions have arisen in this whole episode. Was Khairuddin’s overseas visit an official one? Did he travel with his family, as alleged, and did his family and entourage, assuming there is one, observed quarantine? Did the prime minister know about his trip and subsequently, his offence?

Why did the top officials at the Health Ministry only found out about the violation when it was reported by the media? Who then issued a compound notice to this VVIP without letting top officials know if indeed a compound was issued on Aug 7 as stated by a ministry press statement?

These pertinent questions have thus far been unanswered.

The police have commenced investigations into the matter. It was reported that Khairuddin has already given his statement to the police. Now, the people wait with bated breath whether the Rule of Law will be upheld.

Those in power should not disappoint them.

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SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang. - Mkini

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.