THE Pakatan Harapan government must return the rule of law to Malaysia so that there is accountability, a forum heard today.

“Under the outgoing government, accountability was destroyed so that people had no more confidence in government actions, particularly in the case of 1Malaysia Development Bhd,” said former Universiti Malaya law lecturer Gurdial Singh Nijar.

Lack of accountability was a key factor (in 1MDB) and the new government had to make the central figures accountable for their actions now, he said.

Gurdial said the new government had to ensure that the laws were not only just but fairly applied to all.

Overlapping laws, meanwhile, needed to be reviewed, he said.

“Although Najib Razak abolished the Internal Security Act, he introduced laws such as the Prevention of Crime Act and amendments to the Penal Code that were worse than ISA,” said Gurdial at the forum, Post-Elections: The way Forward and Challenges, in Petaling Jaya, today.

The prosecution of artist Fahmi Reza and detention of activist Maria Chin Abdullah under the Security Offences (Special Measures) Act were clear cases of power abuse and selective enforcement, he said.

Gurdial said the new government must also be open and transparent, restore the independence of the judiciary and repeal repressive laws that restrict freedom of speech and movement.

Constitutional law expert Tommy Thomas was optimistic the new government would do its best to reform the laws and institutions.

“Almost everyone in the cabinet now has been a victim of the former regime. Even Dr Mahathir Mohamad fell victim to the justice system as all the cases he referred to the courts were thrown out,” said Thomas. 

Lawyers for Liberty activist Eric Paulsen said the public must continue to keep the new government in check.

“Take Dr Mahathir, for instance. After he was reminded that their own manifesto said the prime minister should not hold another portfolio, he quickly gave up the education minister’s post,” said Paulsen.

He said public pressure was one way to keep the new government in check. 

The forum was moderated by former Bar president Cyrus Das and organised by the Council of Churches of Malaysia. – May 19, 2018.