A NEW Malaysia needs a new government that upholds the law, instead of ruling by law, lawyer Syahredzan Johan said.

“Ruling by law means using the law to stay in power. We have this in Malaysia now,” the human rights lawyer said at the “What Youths Want for Malaysia” forum in Penang last night.

He said the government would have to be replaced for the rule of law to be upheld in Malaysia because the present administration lacked the will to do it.

“For me, the new Malaysia has to have a government that protects the rule of law.

“Politicians will make all sorts of promises, but the people must make sure the new government continues to be committed to the reform agenda.

“But the reality is we have to change the existing government, which has no political will for reform, if we are to even have the chance to talk about this matter,” he said.

Syahredzan said laws like the Sedition Act had been used to deny the people their freedom of speech and suppress dissent.

Using Adam Adli Abdul Halim, the forum’s moderator, as an example, Syahredzan said the student activist was charged with sedition because the authorities did not like him telling people to take to the streets to remove the government during a May 13 anniversary event in 2013, shortly after Barisan Nasional won the general election on May 5.

Syahredzan said his client Fahmi Reza, a graphic artist, was also charged with sedition for drawing Prime Minister Najib Razak as a clown last year.

The Printing Presses and Publications Act, he said, was used to suspend the licences of publications like two newspapers by The Edge Media Group for reporting on the 1Malaysia Development Bhd scandal in 2015.

He said even the constitution was violated to extend the service of Chief Justice Raus Sharif for another three years, beyond the mandatory retirement age of 66 years and six months.

“Institutions are also used to secure victory in elections. Take the redelineation (of electoral districts) that does not make sense, for example. It is misused to make sure the ruling government is not changed,” he said in the forum organised by the Malaysia Baru movement.

Syahredzan said how laws were made in Malaysia was also problematic and the process needed to be reformed.

He said bills to make new laws or to amend existing ones were debated only for a few hours in the Dewan Rakyat, without much opportunity for MPs to carefully study the bills and their content.

“In less than a week, a law can be passed. Look at the National Security Council Act, ‘Sedition Act 2.0’, that was passed in 2015 but not yet implemented. The debates over the bill were only a few hours.

“It is a big problem. From the start, the MPs received the bill late and has no time to study and do research. They didn’t even have time to read why there was a need for the bill.

“Time for the debate is also short. The MPs also shout and quarrel in the House. So, they have no time to define and refine the law, or consult stakeholders. That is why we end up with problematic laws.”

Syahredzan said the law-making process could not be cut short, citing how the United Kingdom had select committees to scrutinise bills before they were passed.

He also said laws did not provide the solution to all problems, but the mentality of most Malaysians was to use legislation to deal with situations.

“For example, when dealing with racial tension, we cannot immediately use the law. We have to find out why there was tension in the first place. We try to solve it first.

“We use the law when the situation hits an extreme level. The law can be there but it should first go through the right process and be referred to with the right mentality.”

Syahredzan said he was not pro-Pakatan Harapan despite calling for the government to be changed to make reforms possible.

“Like in the Game of Thrones (television series). Our enemy is the White Walkers. We have to gather our efforts…with anybody, even with PAS, for the purpose of defeating the white walkers.

“I am not saying everything will be okay once the government is changed…but at least there will be change that can start from there. We try from there, and do what we can,” he said.

Other panellists at the forum were Penang health executive coucillor Dr Afif Bahardin, Batu Kawan MP P. Kasthuriraani, Pusat Impian Kita’s Sara Ayuni Hamdan and Penang Green Council general manager Thing Siew Shuen.

Some 50 people attended the forum, which also attracted more than 2,200 viewers on Facebook. – September 5, 2017.