THE new cabinet, executive arm of the new government led by Dr Mahathir Mohamad, recently agreed that all public officers are accountable to the laws of the nation-state. That move correlates directly with the sacking of the “so-called 17,000 public servants from Day 1.”

We are not an American democracy wherein the president is like the CEO and chairman of the board and wields almost absolute executive power. In some areas and arenas, the president is even above the so-called law, but not so in Malaysia. The PM/cabinet and Conference of Rulers are all equal before the law.

In Malaysia, we therefore do not need an executive chairman or CEO-type prime minister. What we really need is a “first among equals PM!” The whole cabinet is fully accountable to Parliament or the other elected members of the august house.

What is rule of law?

Dr Mahathir appears consistent on the role and history of the constitution of Malaysia, warts and all. Our system of rule of law captures a legal philosophy which includes being faithful to the history and contextual federal constitution of Malaysia.

Equal justice under the law must be always emplaced within that history, tradition, and precedence in legal context of framing of our federal constitution. RUU 355, to me at least, violates significantly the federal nature of our constitution and it is a clear violation of the spirit of the law and original agreements.

No one institution or person is above the law. The new government declared today that all cabinet and government officers are under the same rule of law. That is excellent and absolutely brilliant for the new governance principle.

First among equals

We do not yet have a parliamentary democracy of the Westminster model. We do not have serious policy dialogues and debates about what is good, true, and right. We now have a real opposition to the new government. This can happen only in a democracy; where people make changes happen.

I was at a forum organised by a blogger friend at the Perdana Leadership Centre where Dr Mahathir had his office post-retirement. One Hindraf member asked an important question as to why Hindraf was not recognised as a possible fifth partner of the Pakatan Harapan.

Dr Mahathir’s reply was very telling! He said that his party was not a senior member of PH but he was voted chairman of Hope Coalition. Moreover, the two senior members, PKR and DAP, already had “Indian” party members; therefore Hindraf can make its case through existing members.

By recording this story, I recognise that Dr Mahathir was making clear that he only being ‘first among equals’, had no unique power or authority, apart from that which is shared with him by the other equal members. He then invited Hindraf to become a dialogue partner.

Citizens are first among equals

Malay and conservative groups are feeling “sidelined and bypassed”. But that is nowhere a reality in virtual space, real geography or anywhere in the universe. After all we are called Malay-sia! It is an obvious recognition of the original Malay heritage!

Nonetheless we are today all citizens of the first, second, or third generation of the new nation-state called Malaysia! Our parents or forebears may have been migrants, but the majority of us are now citizens and equally first among equals. – July 21, 2018.

* KJ John worked in public service for 32 years, retired, and started a civil group for which he is chairman of the board. He writes to inform and educate, arguing for integration with integrity in Malaysia. He believes such a transformation has to start with the mind before it sinks into the heart!

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.