Dr M exposes his ignorance of the rule of law

 

From Kua Kia Soong

Dr Mahathir Mohamad’s recent statement exposing his ignorance of the rule of law and the Federal Constitution is deeply concerning.

As a former prime minister, one would expect him to have a comprehensive understanding of these fundamental principles that underpin the country’s governance and legal system.

However, his remarks demonstrate a troubling lack of knowledge or a deliberate attempt to mislead the public. The rule of law is a fundamental pillar of any democratic society. It ensures that all individuals, regardless of their position or influence, are subject to and accountable under the law.

It guarantees equality before the law, protects individual rights and freedom, and establishes a framework for the functioning of government institutions. The rule of law provides stability, predictability, and fairness in society, and it is a crucial aspect of Malaysia’s constitutional framework.

Mahathir’s ignorance or disregard for the rule of law is evident in various instances throughout his political career. One glaring example is his controversial decision to dismiss the Lord President in 1988, a move that was widely criticised as an assault on the independence of the judiciary and a violation of the rule of law.

This action undermined the separation of powers and demonstrated a lack of respect for the principles that safeguard a fair and impartial legal system.

Throughout his tenure, Mahathir’s government was known for its heavy-handed approach to suppressing dissent and curbing political opposition. He frequently employed the Internal Security Act (ISA) to detain individuals without trial, citing reasons of national security.

In 1987, Mahathir authorised Operation Lalang, a massive crackdown on more than 100 political dissidents, opposition figures, civil society activists and intellectuals (including the author), detaining them under the ISA without trial.

This move was widely criticised locally and internationally as an abuse of power and a violation of civil liberties, further eroding the rule of law. This crackdown undermined the principles of due process and undermined the rule of law, as individuals were held without any recourse to judicial oversight.

Mahathir’s administration was also notorious for controlling the media and limiting freedom of expression. The government imposed restrictions on the press, using legislation such as the Printing Presses and Publications Act to muzzle critical voices and maintain a tight grip on the dissemination of information. These actions violated the principles of a free and independent press, which are a crucial component of a functioning democracy.

Mahathir’s tenure saw the enactment and use of various restrictive laws that curtailed civil liberties and undermined the rule of law. The Sedition Act, for instance, was frequently employed to stifle dissent and punish critics. Similarly, the Official Secrets Act was used to suppress the disclosure of information that could be deemed sensitive by the government. These laws limited freedom of speech, assembly, and association, contrary to the principles of a democratic society.

In summary, these instances reveal a troubling pattern in which Mahathir demonstrates a disregard for the rule of law, the principles of judicial independence and constitutional rights. These actions raised serious concerns about his commitment to democratic governance, transparency and the protection of individual liberties.

Mahathir’s ignorance of the Federal Constitution

Alarmingly, given his many years at the helm of our country, Mahathir’s statement also reveals a lack of understanding of the Malaysian constitution. The constitution serves as the supreme law of the land, outlining the structure and powers of the government, safeguarding individual rights, and setting the framework for the country’s legal system. It is essential for any leader to have a thorough knowledge of the constitution to uphold its principles and ensure the protection of citizens’ rights.

Mahathir’s claim that the constitution does not speak of a multiracial Malaysia is factually incorrect, as I mentioned in my previous response, and clearly demonstrates a lack of familiarity with the document he is supposed to uphold.

As any student of governance will tell you, the Malaysian constitution explicitly recognises the multicultural and multiracial nature of the country and enshrines principles of equality, non-discrimination, and the protection of minority rights.

In a democratic society, it is imperative for leaders to have a strong understanding of the rule of law and the constitution, as these principles form the bedrock of a just and equitable society. It is crucial that leaders, especially those who have held positions of power, demonstrate respect for these principles and work towards upholding them rather than spreading misinformation or disregarding their significance.

Firstly, Article 8 of the constitution clearly states that all citizens are equal before the law and are entitled to equal protection of the law. This provision explicitly prohibits any form of discrimination on the grounds of religion, race, descent, or place of birth. By enshrining this principle of equality, the constitution reflects the multiracial fabric of Malaysian society and ensures that all citizens, regardless of their racial or ethnic background, are afforded the same rights and opportunities.

Secondly, the constitution recognises the importance of protecting the rights and interests of the various ethnic communities in Malaysia. The institution of the Malaysian monarchy, for instance, acknowledges the unique position of the Malay community by providing for the selection of a Malay ruler from among the nine Malay sultanates. This provision, along with the constitutional safeguards for the special position of the Malays and the legitimate interests of other communities, demonstrates a commitment to maintaining harmony and balance between the different racial groups in Malaysia.

Furthermore, the constitution safeguards the rights of minority communities, including the Chinese, Indian, and indigenous peoples of Malaysia. For instance, Article 152 recognises the position of the Malay language as the national language, while also providing for the preservation and promotion of the languages and cultures of other ethnic groups. This recognition of diversity is a clear indication that the constitution acknowledges the multiracial nature of Malaysia.

Mahathir’s denial of the multiracial character of Malaysia is not only a distortion of the constitutional provisions but also undermines the principles of unity, inclusivity and harmony that Malaysia has long sought to uphold.

It is crucial for a leader of his stature to promote understanding and respect among all Malaysians, irrespective of their race or ethnicity, rather than making divisive statements that can only breed mistrust and animosity.

In a diverse nation like Malaysia, the recognition of multiracial identity is essential for nation-building and social cohesion. By embracing and celebrating its multicultural heritage, Malaysia has been able to leverage the strengths of its diverse communities to drive economic growth, social progress and political stability. Mahathir’s statement not only undermines these achievements but also risks alienating significant sections of the population and stoking racial tensions. - FMT

 Kua Kia Soong is a former MP for Petaling Jaya.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.