Nazri: Time to clarify conversion issue
Newly-minted de facto law minister Mohd Nazri Abdul Aziz intends to pursue constitutional clarification of the civil court's jurisdiction in relation to Islamic conversion cases.
Newly-minted de facto law minister Mohd Nazri Abdul Aziz intends to pursue constitutional clarification of the civil court's jurisdiction in relation to Islamic conversion cases.
The Minister in the Prime Minister's Department, who already oversees parliamentary affairs, had legal affairs added to his supervisory duties after cabinet colleague Radzi Sheikh Ahmad took over the Home Ministry in last Tuesday's cabinet reshuffle.
In his first interview on his new duties, Nazri said he "strongly feels" that the civil court has jurisdiction in cases of conversion to Islam. This, he said would have to be spelt out in a constitutional amendment.
He stressed that this will not mean amendment of Article 121 (1A), as that prospect was rejected by Prime Minister Abdullah Ahmad Badawi at the height of the controversy involving former army commando M Moorthy.
"Article 121 remains.....(It) says the civil court has no jurisdiction to review decisions of the Syariah Court, but we could add 'except in cases of conversion from non-Muslim to Muslim'...then, it's okay.
"Let's clarify the issue, since people are blaming (civil court) judges as not being brave enough (to hear conversion cases)," he said at his office in Parliament House yesterday.
Nazri, 52, is a lawyer-turned-politician. He said consolidated supervision of law and parliamentary affairs would make his tasks "faster and easier", as legal matters are closely affiliated with parliamentary affairs.
Describing himself as "supervisor" of matters concerning judges, lawyers and the prosecution, he is seeking feedback from various stakeholders. On Monday, he paid a courtesy call on Chief Justice Ahmad Fairuz Sheikh Abdul Halim.
Dialogue with Bar
Nazri is scheduled to attend a dialogue with the Malaysian Bar today, and to meet Attorney-General Abdul Gani Patail next week.
Several issues are expected to be raised at the meeting with lawyers, including the Bar Council's repeated requests to amend its one-fifth quorum to conduct an annual general meeting and to repeal section 46A of the Legal Profession Act 1976.
Section 46A bars politicians and young lawyers with less than seven years of experience, among others, from standing for the Bar Council's elections. Nazri had previously objected to both requests.
"Now it is up to me. Last time I was only in charge of Parliament, not the law, so I could not interfere. I could only wait for the (amendment) Bill to come to Parliament, and then push it. Now I'm in a position to hasten the procedure," he said, explaining the absence of developments to date.
He claimed certain members of the Malaysian Bar have been "wary" of his intention to engage in dialogue with them. He labelled them as having "a political and personal agenda" and said they do not have a genuinely interest in matters affecting the profession.
"Look-lah, if you don't want to talk to me, then don't come. I don't come to confront them, I come in peace to talk to them. If they want to treat me like someone who can't be trusted or (because I am) in the government, then don't come-lah," a visibly upset Nazri said.
Today's dialogue will be the second between him and the Malaysian Bar. The first, held in February last year, received poor response when only a handful of lawyers from the 12,000-strong body turned up.
Referring to his move to seek the Bar Council's support to stop retired judges from practising law, a position which he has endorsed, Nazri said those involved should "just retire gracefully".
No changes
Asked about amendment of the notorious Internal Security Act (ISA), Nazri said he would not do this unless he receives instructions from the premier or the cabinet.
He said this in response to a 2003 statement by then de facto law minister Dr Rais Yatim that the ISA should be amended to make it more "humane".
"Because I favour the ISA, I will not initiate anything unless there is a movement somewhere which finally results in the cabinet in making a decision to amend it. But so far there is nothing," said Nazri.
He further defended a decision, reportedly made by Barisan Nasional Chief Whip Najib Abdul Razak, not to reinstate the Parliamentary Services Act (PSA) 1963, although this contradicted the government's agreement last year to reinstate it.
He said Najib had decided that there was "no compelling reason" for the Act - which would enable Parliament to manage its administrative and financial affairs - to be reinstated. It had been repealed in 1992.
The vocal politician also did not mince his words when he said the Senate House Committee (which supported revival of the PSA) has "no say" in the matter, and that Backbenchers Club head Shahrir Abdul Samad's feedback is "not important" at this juncture.
Q&A: Negotiating the shoals

