“The best way to make your dreams come true is to wake up.” – Paul Valery, French essayist and poet
ACCORDING to legend, Rip Van Winkle (RVW) fell asleep for 20 years because he drank enchanted liquor that was offered to him by a band of mysterious men. He went to the woods to escape his wife, who often complained about his refusal to work.
RVW creator, Washinton Irving, connects the idle character of the village to authoritarian rule in which political power is far removed from ordinary individuals that they have little attachment or interest in the decisions and events that govern their community.
Enchanted liquor represents the goodies promised by a demagogue who leads government. The mysterious men symbolise the unelected Deep State. Refusal to work is the sanctions and rations imposed on common sense by irresponsible government.
The RVW effect has been secretly thriving since the arrival and departure of the settler colonial governments. The Portuguese left breathing space to the Dutch who preferred the Indonesian islands which encouraged the British to slip in as merchant traders.
Neo-colonialism is deeply ingrained in our psyche. We cannot escape its effects and influences. Adat is unable, or maybe unwilling, to repel Western influences and values.
The primary agenda in sociopolitical themes is to keep the electorate mesmerised and wholly occupied with socioeconomic necessities where want and need can never be differentiated.
Westen influences rarely accept the Aristotelian essence of a good society. Instead, the 2500 BC Kautilyan (Arathashastra) ethos – “it’s not virtue but how tricky you could be as a leader” – exemplifies the political RVW.
“My religion is the only way to God” mantra bragged by bigots and zealots has no place in our society given the latitude and gravity of Article 3 Federal Constitution which promotes and advances all religions.
Religion must become a sustainable unifier in Malaysia – witness the various religious public holidays we enjoy as Muslims, Christians, Hindus, Buddhists, Sikhs and others in our multicultural society.
“Religion is the opium of the masses,” courtesy of Karl Marx, referring to religion as a tool that numbs the pain of the working class, preventing them from fighting against oppressive conditions. It provides temporary comfort and escape from reality, potentially hindering social change.
Science is readily accepted. The sun appearing from the east and disappearing into the west poses no argument or question. Religion brings out the best in heresy, doubt and obedience.
Albert Einstein explained the political RVW: “Science without religion is lame, and religion without science is blind.” Mankind continues to ponder and wonder whether mind chatter is necessary.
Government vigorously aspires to attain the “Misinformer of the Year” accolade. It rarely engages with the electorate on a regular basis except once every five years when it informs you of your patriotic duty to vote.
Does the government have a “duty of care” in the law of torts? The oldest and simplest justification for government as protector and provider of law and order comes from Thomas Hobbes’ Leviathan as borrowed from Kautiliya’s Arathashastra.
Challenging and exposing the RVW factor is found in Section 5 of the Government Proceedings Act 1956 (Act 359) (GPA) as “Liability of the Government in tort”. Government can sue and be sued.
The 2018 Federal Court held and ruled that a Prime Minister or any other Minister are public officers within Section 5 of the Act as there was no express legislative intent in either the Federal Constitution or the Interpretation Acts which alters and substitutes the common law tort of misfeasance in public office.
Bad roads, streets and highways, failure to prevent crime, failure to prevent corruption, failure to revamp the education system, failure to teach hygiene, failure to act responsibly, failure to comply with and apply the provisions of MA63, etc. etc. ought to put the government on high alert with Section 5 GPA as the ubiquitous Damocles sword.
Malaysians must stand up for their country where tortious liability by the government requires action. Lawyers must offer pro bono services for such litigation. The Judiciary will stand courageous as it has on several occasions.
The Judiciary can see farther, clearer, better, bigger, and brighter if its stands on the shoulders of past titans of the rule of law and jurisprudence.
The hallmark of a genuinely independent Judiciary is witnessed when it dismantles, debunks and destroys the RVW factor. A vigilant Judiciary is an awakened and courageous co-equal organ of government.
Social justice is ostensibly gleaned from Article 153 Federal Constitution under the “legitimate interests of other communities” clause which is as strong as the American Constitution’s Equal Protection Clause under its 14th Amendment.
The electorate fails to keep the Judiciary constantly occupied in explaining and applying the constitutional ramifications of Article 153 vis-à-vis legislation from the state or the federal government.
The RVW narrative can be assuaged when we understand the effect of the law, and not just its quotable quotient. The Judiciary, although unelected, must lead the charge to render the law effective, enforceable and enduring.
Malaysian intellectuals have produced excellent books and articles on the political ethos and pathos from the past, present and the future. Nothing seems to shake or rattle the leadership.
As long as the electorate has the 9 May 2018 mindset, Malaysia is relatively safe. We have come a long way. We have long ways to go.
The views expressed here are those of the writer and do not necessarily represent the views of Sarawak Tribune. The writer can be reached at ChiefJudge@secamtektektribe.org.
