Wednesday, November 24, 2010

ROYAL SECRETS

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By Reina

We live in a highly secretive country. The government keeps many issues secret under the Official Secrets Act. Even the purchase of garbage bins for a government department can be regarded as a state secret.

Then those making public certain policies / issues which may put the ruling coalition in a bad light can be charged under the Internal Security Act.

Now, there is a law that further promotes secrecy.

The Special Court was formed in 1993 to hear cases involving alleged wrongdoing by members of the royalty.An amendment was gazetted in August 2010 and it states that the media is to be banned from covering cases tried in the court and the public are not allowed in.

The ruling coalition quickly gazetted the amendment to make sure all cases involving the royalty are held in camera. Only the delivery of verdict will be in open court.

We, the rakyat, will never know which royalty is being charged and for what offence and who the aggrieved party / victims are. The fact that the royalty have powers to dissolve or not dissolve state assemblies, powers over land matters, powers over religious issues, etc, and yet we are not privy to information about their wrongdoing does not seem to matter.

Breach of these rules can result in a jail term or a fine for contempt of court.

The amendment was made without going through debate in Parliament. An emergency motion seeking to find out why the amendment was approved without the involvement of lawmakers was rejected this morning (Nov 23) by Dewan Rakyat speaker Pandikar Amin Mulia.

On Nov 10, Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz said the Malay Rulers asked for the hearings of the Special Court would be held behind closed doors. And he said okay to that.

Apart from the secrecy issue, there are concerns about the rights of the rakyat.

DAP’s Karpal Singh says in the Malaysiakini report – Motion on Special Court thrown out … twice:

  • “This provision has not received the corresponding approval of the rakyat. A citizen can be sued by a ruler in the Special Court automatically.”
  • “The citizen is further handicapped as he cannot sue a ruler in civil or criminal capacity without the consent of the attorney-general.”

Lawyer Edmund Bon says these amendments are not constitutional. Read it here infull.

Excerpt:

  • The Federal Constitution in Article 182(5) states that the practice and procedure of Special Court proceedings must be like in any other court such as the High Court and the Federal Court. Special Court proceedings must therefore be open to the public and media.

Just pray that you don’t get sued by the royalty because you won’t get a public hearing.

courtesy of Hartal MSM

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