“Democracy is the worst form of Government, except for all those other forms that have been tried from time to time.”
– Winston Churchill, British prime minister
IF Churchill is right, then democracy qualifies for jail. But then again, he may have written that line after one too many brandy shots that he was accustomed to even after waking up in the morning.
None of the 183 Articles in the Federal Constitution mentions the word ‘democracy’ after 61 Amendments. We even lack a Preamble that underscores the nation’s core guiding principles.
The clear and present danger in Article 8(2) Federal Constitution that allows for selective discrimination denigrates democracy. This Article is immune to constitutional amendment for political reasons.
Government of the people, by the people and for the people means the government decides what the citizenry is entitled to despite nine fundamental liberties enumerated in the Federal Constitution.
Article 153 Federal Constitution speaks volumes – ‘special position’ for the Malays and Natives of Sabah and Sarawak (amended 1971) and the Yang di-Pertuan Agong safeguarding the ‘legitimate interests of all other communities’.
‘Legitimate interests’ is a Pandora’s box of expectations and aspirations subject to various interpretations and applications.
The Malay population today is about sixty percent. Therefore, they should be entitled to sixty percent of the economic benefits on a pro-rata basis because the ‘legitimate interests of the other communities’ need attention too.
Forty percent for the other communities is reasonable, credible and honourable if the government chooses to obey the supreme law of the land. Instead, it advances its unjust ploys, plots, twists and turns.
Democracy languishes in jail while the jailable culprits roam the halls of power in public and private sectors while smiling for cameras. These sociopaths and psychopaths remain unfazed, unscathed and unstoppable.
Malaysian democracy was sentenced to life imprisonment following MA63. In the mid-1960s, federal politicians engineered the ouster of a Dayak (Native of Sarawak) chief minister. What ‘special position’ did he enjoy under Article 153?
Then in the mid-1970s, federal politicians again intervened in Sabah politics when Tun Mustapha Harun threatened secession. Berjaya was hastily formed by Harris Salleh and the rest is geography, oil and gas.
Long-overdue reforms will get democracy out of jail. But they are stifled because PMX is apparently unable to convince his major coalition partner (UMNO) that has never been known to be a reform-minded party.
Will reforms happen post-GE-16 if PKR loses the elections? Very doubtful as PN has also not been known be reform minded. So, democracy languishes in jail while coalition governments control the narrative.
DNAA pronouncements by the courts by the Executive-controlled Attorney General Chambers is the second prison sentence for democracy.
The Washington Post’s official slogan is ‘Democracy Dies in Darkness’, popularised by investigative journalist Bob Woodward who was partly instrumental in bringing down President Nixon. Ours is in prison gasping for breath.
The ever-optimist Ho Chi Minh who brought the American juggernaut to its knees was profound: “When the prison doors are opened, the real dragon will fly out.” Malaysia’s real dragon is peoples’ will with absolute political freedom.
With the recent judgment of the Federal Court declaring section 9(5) of the Peaceful Assembly Act 2012 unconstitutional, Malaysians may have their day under the sun, again.
Do general elections mean we have a free democracy? Our politics has made sure the ruling class has a well-fed vote bank. So, ultimately the ballot paper threatens to be a paper tiger.
It is often said that Malaysia’s democracy went to jail in 1974 during the second prime minister’s watch when the first New Economic Policy (NEP) was put in motion before experiencing several avatars in the years to come.
Equal sharing of the economic pie with disproportionate allocations became the clarion call of the government – then and even today. The second and third limbs of Article 153 are also serving an extended prison term.
“A functioning, robust democracy requires a healthy, educated, participatory followership, and an educated, morally grounded leadership,” said Chinua Achebe, a Nigerian novelist, poet and critic.
Achebe’s recipe for democracy is appealing to Malaysia. The led are adamantly voicing their disapproval but the leadership prefers to remain in a malfunction mode. Can’t challenge nature.
“Dictatorships are one-way streets. Democracy boasts two-way traffic,” according to Italian novelist and journalist Albert Moravia. Machiavelli’s maverick had good innings for twenty-two years from 1981-2003.
“Democracy doesn’t recognise east or west; democracy is simply people’s will. Therefore, I do not acknowledge that there are various models of democracy; there is just democracy itself,” declared Shirin Ebadi, an Iranian lawyer and former judge.
‘Peoples’ will’ has lost its meaning in translation. How do we measure peoples’ will in Malaysia? Will they boycott the elections while experimenting with different forms of governments? Are these flawed questions?
Truth be told, only the first limb of Article 153’s promise of a ‘special position’ is robustly obeyed. The second and third limbs remain sensitive under our implied democracy.
Democracy went into an unrecoverable tailspin when our current Chief Justice’s tenure was not extended as was that of the President, Court of Appeal. Her fearless advocacy of jurisprudence has ominously disturbed the hornet’s nest.
No DNAA but democracy might earn a royal pardon with an extended house arrest, perhaps? Leadership should not whet the appetite of injustice. ‘Russian Doll’ politics is shamelessly showcased in Malaysia like a political science paradigm.
The views expressed here are those of the columnist and do not necessarily represent the views of Sarawak Tribune. The writer can be reached at chiefjudge@secamtektektribe.org.
