Like all average Malaysians who love their country, I was flabbergasted by former prime minister Najib Abdul Razak’s partial pardon and wondered if he would get the infamous discharge not amounting to acquittal (DNAA) on his other charges.
But increasingly, it looks like there will be no change to extinguish that ill-fated partial pardon. However, if we move firmly from this and look forward, then we can just about pick up the pieces and leave this episode behind us. But we must not repeat our mistakes.
Yes, I know it’s a long shot, but if the necessary steps to restore confidence are not taken, we have to resort to the ultimate move to get the people up there to make changes, no matter how long it takes - through the polls. The steps are not difficult but require unflinching commitment. Here they are.
1. Let Najib’s partial pardon go
It’s no use pontificating on whether there was an absolute royal prerogative and digging up old wounds, abscesses, and scars. Let’s accept the decision and move forward - yes, you heard right.
Importantly, it will also mean Umno Baru and its supporters give up their quest for a full pardon. This is then firmly behind us allowing us to focus on the future.
2. Consider no further pardons for Najib
With the acceptance of the partial pardon, no further pardon applications for Najib should be entertained. The same man cannot be requesting further pardons when other charges are being laid against him which have not been disposed of yet.
3. Let all court proceedings carry on without interference
That means there must be no trace of hidden hands behind all prosecutions, withdrawal of prosecutions, and the zeal or lack of it, in prosecutions.
As the prime minister is responsible for the appointment of the attorney-general currently, he must be prepared to remove the AG immediately if he makes a clearly unexplainable decision.
That covers the inexplicable decision to withdraw 47 charges against the sitting Deputy Prime Minister Ahmad Zahid Hamidi after a prima facie case had already been established. The judge’s hands were tied and he had no choice but to declare a DNAA.
Any such abuse of prosecutorial powers needs to be handled immediately by the removal of the AG if necessary and replacing him with a professional person, notwithstanding what Umno, or more accurately, its divisional leaders want.
The whole country cannot be held to ransom by a failed political party’s compromised leaders, who owe a debt of gratitude to Najib, especially when Umno’s number of parliamentary seats dwindled to 26 in the 2022 election from an already low 54 in the 2018 election, reflecting its poor popular support.
This leads us to the next recommendation.
3. Continue with all prosecutions against Najib
This follows from number two above. There are three solid groups of charges against him and they must be allowed to proceed with a new AG, if necessary. Any further withdrawal of charges and a DNAA following will be a mockery of justice and the court process.
It will lead to a total collapse of trust in the judicial process, disdain of the government in the public eye, and an erosion among all Malaysians and foreigners in the integrity and trust of our judicial and governance process. We cannot afford that.
4. Separate the AG’s powers soonest
Currently, the AG is both an adviser to the government and the sole prosecuting authority. The Constitution needs to be changed to do this. But the government has a two-thirds majority in Parliament and other parties are likely to support the move. Go for it quickly - no more excuses.
5. Make the AG’s position independent and competent
More than separation of powers, it is necessary that the AG is independent, professional, and competent.
Thus, it may be necessary to set minimum standards for the AG and convene a board of competent people to recommend the appointment of an AG who has the security of tenure, say five years, and can’t be removed until major misconduct or wrongful decisions can be proven.
The AG should report to a parliamentary select committee to be truly independent.
6. Devolve prosecutorial power to enforcement agencies
Devolving the power of prosecution to enforcement and regulatory agencies such as the MACC, the police, Customs, Bank Negara Malaysia, Inland Revenue Board, and so on will lead to greater competence and reduce the power of the AG who now is solely responsible for any prosecution in the country.
7. Make enforcement agencies independent
The repeated allegation that successive governments have used enforcement agencies (and compliant AGs) for their political purposes shows there is a crying need for independence here, especially for the MACC. There needs to be different bipartisan parliamentary committees for these appointments.
8. Be true to the commitment to fight corruption
Let not fighting corruption be reduced to the level of mere political lip service but instead make it a massive effort to get the bad out of the system everywhere and move with one intent towards making processes more efficient, reducing procurement costs, and giving an overall bang for the buck.
9. Make an integrated move to fight corruption - reformasi
All these and more are needed to fight corruption on all fronts - an integrated effort. This means better tender procedures, strict avoidance of patronage, a brutal emphasis on cost and efficiency, and making examples of those who are corrupt - both those who give and those who take.
Enact new legislation to specify that wealth obtained must be explained or assumed to be obtained by illegal means. Expand the definition of gratification or the definition of corruption to situations where there is implied gratification.
Have laws to limit and regulate political donations. Remove oppressive legislation such as the Sedition Act, Printing Presses and Publications Act, the Official Secrets Act, and others that have been talked about.
Bring forth reformasi instead of talking about it - for a quarter of a century. Now’s the time to do it - Anwar Ibrahim is PM and has been for over a year.
10. Focus on improving economy, quality of life
Move beyond corruption to focus on ways and means to generate new growth, improve the quality of life, remedy education, prepare for a competitive marketplace, take care of the environment, and other things. Have concrete plans and announce them together with targets for achievements.
If we do all of these things, we can climb out of the hole we have needlessly dug for ourselves and finally still make this nation of ours viable, strong, and healthy.
If we have a timeline for the implementation of these, I am sure things will improve - Malaysians will be confident about living, working, and keeping their money and assets in the country.
Foreigners will bring money into the country by buying assets, making investments in the manufacturing and services sectors, and visiting it.
All of these will improve confidence and well-being - the ringgit will rise again, people will live better lives, and we will be on the way to becoming truly developed instead of endlessly talking about it. - Mkini
P GUNASEGARAM says realism needs to be tempered with a good dose of optimism for progress to take place. Otherwise, the result is despair.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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