THERE was an immense breath of fresh air and a great sense of relief when Prime Minister Dr Mahathir Mohamad emphasised that the rule of law will be Pakatan Harapan’s mainstay after it won federal power in the 14th general election. It was truly a night to remember!
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However, six months later, the PH government does not seem to have its fingers on the pulse in ensuring that the rule of law is really supreme, or at least making it clear that we are well on track to achieving the aspired goals.
Cases like that of the religious vigilante squad in Kedah that has clearly taken the law into its own hands, and our former prime minister who refused to get into the dock as an accused person, indicate that the criminal justice system is struggling to implement the rule of law in the strictest interpretation given.
Then there is the incident of a man who insulted, abused, and harassed a female beer promoter. The man allegedly issued a public apology to the woman and all Malaysians. Are the authorities going to let that incident go just because he apologised?
This should not be the case. An apology may not be enough, especially when an offence of intimidation is clear.
The prime minister has also reiterated the difficulty of securing the loyalty and diligence of the public service. This is a major contributory factor as to why PH is falling short of expectations.
Attitudes remain the same, although the majority claims that we have changed for the better. It is no use overhauling the political system with more checks and balances when the people are ignorant of their roles in making the rule of law work.
In facing this uphill task, the government has to ensure that the enforcement agencies get their act together in applying rules and regulations in the strictest interpretation of the law.
There should be a concerted effort to reduce the intertwining of state and religion, although this is undoubtedly a daunting task. In short, the constitution must be supreme and uncompromised in the strict implementation of the rule of law.
A relevant example of why we need to take this firm approach is in the ongoing debate on child marriages.
Paedophiles can make use of this loophole in bending the law to commit heinous crimes against children, leaving hands tied in the criminal justice system.
The rule of law must be applied to the letter, as stipulated in the Child Act. There cannot be any other interpretation if we are to protect our children against such dangerous criminals who manipulate and take advantage of cultural and religious sentiments.
It is a problem not only here, but throughout the world regardless of creed, colour, or religion. We must endeavour to educate the weak and most vulnerable segments of society to strictly adhere to the law.
It is imperative to ensure that the relevant authorities apply the rule of law by the acts and codes enacted within the framework of the constitution. This has to be drilled first and foremost into all the hearts and minds of our law enforcers. They cannot be swayed by their own personal stands on such matters!
It is clear that to move forward, we have to carefully unravel the knots of sensitivity that are deeply embedded in the conservatism of the obstacles at hand.
Education is key to raising awareness within communities that are beholden to and trapped in beliefs that border upon criminal offences.
Many bad laws through the ages are masked as such and requires great political will to change. The cumulative effect of such practices in time creates problems for individuals, families, and society. They are likely to become dysfunctional in the long term.
PH was expected to hit the ground running in exercising good governance, but has yet to find a solid footing. Yes, we have to give them room to explore New Malaysia with the people, but they have to be mindful that pressure is also mounting as the clock ticks ever closer to GE15. – November 21, 2018.
* G. Selva reads The Malaysian Insight.
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