“The past gives you lessons, the present offers opportunities, the future bestows both.”
– Matshona Dhliwayo, Canadian philosopher
MOST nations face three major persistent problems – their past, their present and their future. This is usually the norm when change and reform are slogans that serve the propaganda fodder.
Our past is well documented, our present is cruelly exploited, and our future looks dismal and doubtful. Political leaders show no remorse, respect, regard or responsibility for fixing the present socioeconomic and geopolitical issues especially now with Trump’s ‘terrifying’ tariffs.
Some leaders consider problems as opportunities, and quite rightly so. Singapore is a wonderful exemplar of that ethos. In Malaysia, we wait for problems to get worse and then close the barn door after the horse has fled.
Isaac Asimov weaved a beautiful fabric of truth when he observed that “when stupidity is considered patriotism, it is unsafe to be intelligent”. Notice, the intelligent stay away from politics because they are not motivated by compromise.
Rising consciousness is absent in most societies. In Malaysia, for example, there is one page reserved for public opinion in a ‘Letters to the Editor’ column. The rest of the pages are dedicated to government propaganda with four pages reporting foreign sports.
The electorate must have great latitude in humiliating the elected officials with the truth. Charges of sedition for constructive and well-meaning criticism are nothing but government intimidation.
The so-called Trump’s tariff war is completely misunderstood. It’s solely aimed at reducing import duty imposed on American products and encourage local production of goods. Malaysia reportedly spent almost 57 billion ringgit on imported food last year like we face scarcity in fertile soil and abundant rainfall.
The raging war on reason today is further compounded by a lack of national purpose. The Rukun Negara was entrenched into our society following the May 13 (1969) riots. Does the government diligently enforce it?
Is it in the primary and secondary school curriculum? Negara Ku is usually sung in school assemblies and Rotary meetings. Is the Rukun Negara quoted, cited, consulted, used and relied upon as an enforcement document?
The daily dosage of national unity messages by leaders is out of tune, out of sync, out of time, and out of luck. Polarisation enjoys deep roots. The shoots and fruits are ugly and heinous.
Our past and present problems are caused by western theories of statecraft that annoy our eastern way of life. Eastern philosophies of political science like Kautiliya’s Arthashastra offer great insights that are relevant to eastern traditions and customs vis-à-vis western traditions.
Most political traditions snuggle up to Machiavellian theories, and that’s where trouble begins. Western theories in eastern societies imposed by colonialism create a motley of unpleasant politics. We are still weathering this unwelcome stifling system.
Lao Tzu explained: “If you are depressed, you are living in the past. If you are anxious, you are living in the future. If you are at peace, you are living in the moment.”
Kautaliya explained that everyone ought to ask themselves: “Why am I doing it? What the results might be, will I be successful?” Deep thinking by leaders is indispensable.
The Madani government must compulsorily consult Malay Customary Law (adat) whose codes offer both moral and legal solutions for a local matter while imported laws pillory them with deadly uncertainty.
A local scholar Mohd Din Ali explains that “custom was the institution whose laws and usages regulated the social, political and constitutional patterns of the day”, in his “Malay Customary Law/Family” (p.34, Intisari, vol. 34. No.2. M.S.R.I., Singapore 1963).
The Federal Constitution has truncated Customary Law into the State List vis-à-vis the Federal List and the Concurrent List. This is a western concept adopted by the Reid Commission which surprisingly translated to an acceptable constitutional arrangement.
The future is clamouring for present reforms in the written law. Even the Federal Constitution needs considerable amendment if the leadership can agree that the past, present and the future are at cross-purposes.
The past haunts us today as we grapple with adat and English common law. The 1807 Charter of Justice effectively subsumed Adat Temenggung.
English law led the charge till the present with the Civil Law Act 1956 jostling for eminence in Malaysian jurisprudence.
Customary laws in Malaysia can be broken down into four categories depending roughly on the geographical location. The four categories of customary laws in Malaysia are: Adat Pepatih (Negeri Sembilan), Adat Temenggong (Undang-undang Melaka), Iban customary laws (Sarawak) and Dusun (Sabah) customary laws.
Sabah and Sarawak must, at all costs, place English common law and usage upon a second tier. The Borneo Territories must invoke and rely on Customary Law as separate but equal sovereigns under the MA63 matrix.
Victimhood Olympics should not be celebrated. A wounded civilisation must be avoided whether we are becoming cultural nationalists or political nationalists.
Customary Law Courts of Equity must become the norm in Malaysia. Sharia Courts, Native Courts and Military Courts are already leading the charge for Islamic values, Aboriginal matters, and the Armed Forces, respectively.
The past came alive when a former prime minister opened a time capsule he had planted more than 28 years ago to remember the future of Vision 2020. That Vision has caused more division while proportionate provision faces discrimination.
The future calls for a swift repeal of Article 8(2) Federal Constitution which ennobles discrimination in equality.
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.
