MOST dictionaries agree that ‘culture’ means the ideas, customs, and social behaviour of a particular people or society. That makes Malaysia unique and special because we are heavily, heartily and holistically heterogenous since Parameswara fled to Malacca.
A diplomat once callously declared that “we may have different religions, different languages, different coloured skin, but we all belong to one human race”. Wonder if his speechwriter was aware of the word “diversity”.
Malaysian culture is an uneasy marriage of customs and ideas from our diverse and vibrant ethnic backgrounds. It has sustained a host of unanswered socioeconomic questions and unaddressed sociopolitical concerns.
For example, when government strays from its original course to the detriment of society, is it our culture to protest? Datuk Onn Jafaar’s street protest by UMNO in 1946 to oppose the Malayan Union became the symbol for democratic accountability although we were then still a colony.
Berish has admirably taken up cudgels for Malaysians as a no-nonsense effort to demand government clean up. That is our national, patriotic and democratic culture when we stand up for socioeconomic and sociopolitical rights, reliefs and remedies.
Is it our culture to stay non-committed about severely punishing bribe-takers and bribe-givers in an effort topermanently eradicate the cancer of corruption? Is it our culture to inflict slaps on the wrists of crooks? Or is it our culture to look the other way when prominent names are exposed?
The culture of the rule of law should not become a philosophical statement for sustainable jurisprudence. It should be a robust and strong statement of the harsh reality of law and justice based on the aphorism that nobody is above the law.
But Malaysian culture has become slow, lethargic and lackadaisical when it comes to unmuzzling the strong and firm voice of the rule of law. Article 162(6) Federal Constitution (untrammelled judicial power) seems to have a built-in silencer.
Our Chief Justice does not mince Her Ladyship’s words concerning the sword of Damocles hanging ominously over the head of the Judiciary. There’s always a ready, willing and able Parliament to overrule, amend or rewrite Article 162(6) Federal Constitution with flawed legislation.
The culture of justice through an unelected Judiciary is a bee-in-the-bonnet, especially when the 1988 Act A704 amendment to Article 121(1) Federal Constitution sabotaged, stormed and snatched the fortress of judicial power.
That unparliamentary wrecking ball amendment removed the vesting of judicial power in the superior courts while mocking constitutional supremacy with a gut punch. The culture of disobedience is upon us.
In Ah Thian v. Government of Malaysia [1976] 2 MLJ 112 Suffian LP highlighted the limitations of parliamentary supremacy which seems only relevant to law lectures and written law examinations. The government prefers disobedience to judicial decrees under the Federal Constitution.
Like an injured hunter, the judiciary meekly and weakly declared in PP v. Kok Wah Kuan [2008] 1 MLJ 1 that the 1988 amendment to Article 121(1) Federal Constitution “effectively watered down the judicial power of the superior courts”.
Is it our judicial culture to water down its criticism of an overreaching and overbearing Executive because all judges are appointed? Is it the judicial culture to be in mortal fear of losing their pensions for speaking up?
The culture of Malaysian democracy is highly suspect and uncomfortably troublesome given the doublespeak and double-minded policies that affect society’s well-being with the rule of law experiencing bouts of irritable bowel syndrome.
Malaysian judicial culture took the spotlight at a recent Commonwealth Law Conference in Malta when our Chief Justice unequivocally stated that “… sometimes politicians individually . . . and collectively do not understand the implications of such judicial powers . . .”
The Chief Justice emphasised that “judicial powers should be viewed as a fortress against tyranny, oppression and absolute power, which most certainly corrupts absolutely”.
But sadly, the culture of Malaysian parliamentary democracy is not designed to respect the Judiciary or make adjustments to accommodate a co-equal partner of government through constitutional supremacy.
Malaysian culture is strictly about effective Executive control with a pliant Legislature toeing the line. The real culture of caring for the citizens is alien to our leaders.
Islam is always prevalent, protected and promoted but unfortunately its God-given instructions remain unenforceable by abject disobedience. That surely cannot be our Islamic culture.
The right to justice is pointedly commanded in the Holy Quran (English version): “And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness” (5:8).
Stressing this point the Holy Quran again says: “You who believe stand steadfast before God as witness for truth and fair play” (4:135). There should be thus no excuse for our leaders and their followers to support a culture of disobedience to truth and fair play.
Our culture is disdainfully influenced by Western values that, in of itself, require a new code of ethics for it to desperately experience a new rebirth. Johan Huizinga remarked that “if we are to preserve culture, we must continue to create it”.
Malaysian culture should be a national conscience and a developed ethos beyond political imperatives. The acculturation of decency, dignity and truth must come naturally.
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.
