My personal mission towards improving ethics and social justice

 

From Hamid Sultan Abu Backer

My experience in the judiciary arising from writings has been enjoyable for me but very traumatic for the legal team who defended me in front of those whom they regularly appear.

When I took the oath as a judicial commissioner, my immediate perception was that Socrates had finally passed his pen to me with Almighty’s grace. It took nearly 14 years for my colleagues to plan and concur that I was Socrates and retire me with merit.

While serving the judiciary, I realised the legal industry was weak in knowledge and ethics. This is not the case in England or Singapore or many other countries where the corruption index is low.

On the political front, it was difficult for me to even name one statesman in the last 40 years. Most of my hopefuls have turned out to be roadside medicine sellers with no integrity or sense of responsibility to uphold the constitution or social justice obligations, leaving aside the scheme of corruption and corrupt practices most of the dignified names were perceived to be involved.

Corruption or corrupt practices or supporting them was perceived to be a practical tool for enrichment of those I have been associating with from the day I was called to the Malaysian Bar. While sitting as a judge, I also noticed that corrupt practices or kleptocrats cannot succeed without the knowledge and support of the legal industry itself.

I also found that the legal industry was infested with single-degree holders with no focus on ethics and social justice as in most countries where the corruption index is high.

To remedy the shortcomings in an expeditious manner, I came out with a researched concept referred to as “University cum Court Annexed Arbitration”.

This concept will empower Malaysians to sit as an arbitrator on matters they have expertise in after following a one-day programme and subject to reading my specially prepared material for this purpose.

It is indeed a global formula to clear the backlog and create a meritocratic legal industry. It will also help to remove the obligation of the judiciary to try facts in civil and commercial matters and give them the space to deal with criminal and public law cases.

Leading jurists in Malaysia as well as outside the country have reviewed the concept and approved it. In addition, a retired UK Supreme Court president in an email called the concept “ingenious”.

Since that testimony, I have dedicated my entire retirement life to anchoring this concept as a global charitable mission.

My team has written a letter to the prime minister which was emailed, posted and hand-delivered to the Prime Minister’s Office some four months ago.

To date, my team has not received a response or even the traditional reference number often referred to as “nombor rujukan”. I have no words to salute the Madani policymakers for having such an inefficient administrative system to administer the country. My letter to five related ministers and five DAP MPs only received one simplistic response from one minister.

Indeed, it is very sad and disappointing for me and my team who have engaged in social justice work to provide expeditious and affordable justice to the public. - FMT

Hamid Sultan Abu Backer is a retired judge of the Court of Appeal, a professor of arbitration and dispute resolution at MAHSA University, and an FMT reader.

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