Tasks for justice's new duo
NEWS ANALYSIS<br>K KabilanPublished: Dec 22, 2000 9:17 AM | Updated: Jan 29, 2008 6:21 PM
Two new recent appointments bode well for the battered image of the Malaysian judiciary and the Attorney-General's Chambers.
On one hand, the new chief justice Mohamed Dzaiddin Abdullah had promised to put the judiciary in order.
And on the other, the new Attorney-General Ainum Mohd Saaid, who described herself as a no-nonsense person, had said she would act reasonably for the interest of justice and fairness
An interesting note in their appointments is the fact that both have only two years left for them to put in place any of their proposals for change.
Dzaiddin is 63 and Ainum is 54. Of course, they could be offered an extension of a contract of services, but even with that the most they will serve is three years.
Seen in this context, they will be running against time to implement reforms in their institutions.
As for the judiciary, Dzaiddin had said that he will release his policy proposals after he had met with his judges. The meeting will take place on Jan 13.
No cronyism
Among the pressing issues in his hand is the need to fill up vacancies in the courts - most immediate will be in the Federal Court and the Court of Appeal.
He might have to find a suitable way for the appointment of judges, especially for the higher courts as the current system leaves room for cronyism.
Dzaiddin had admitted that amongst his first tasks will be to get the judges to work closely.
"I'm hopeful, with the response I've got from my brother judges who have written me letters to say that they will give me their fullest support. That augurs well for the future of the judiciary," he said.
It is well known that the judges were divided under the former Chief Justice Eusoff Chin. Things nearly boiled over when it became apparent that Dzaiddin was to be the new man at the helm and not one from Eusoff's "camp".
Rumours were flying to the effect that Eusoff was not happy with Dzaiddin's appointment and that he was not keen to participate in any functions over the new appointment.
Again, words were also out that certain judges close to Eusoff had secretly made known their worries of being kept in cold storage under the new man.
All this could not mean anything. In any event, Dzaiddin had given his word that he will meet all his judges to seek their views on how to improve the judiciary.
More transparency
One thing he must make clear to them is the fact that they must act judicially and have the courage to recuse themselves from cases that could connect them to the parties involved.
Much have been said about some judges, even senior judges, being seen with lawyers and claimants of suits and later giving judgments in favour of those same parties.
Dzaiddin must stress to his judges that this should not be happening at all.
"Transparency should be the order of the day," he had said and he must stress this to his judges as well.
One other area he should concentrate in to regain the independence of the judiciary, to the extent that it should see the return of the days when the judiciary enjoyed international respect.
Of course, he has much do to. He must also make sure the judiciary is people-friendly and not seen as an aging bureaucratic government department with too much red tape.
At the moment, the men on the street feel the courts have moved away from them and are being controlled by the government.
He had given the assurance that he will try to improve the services given to the people by reducing the delay of court processing, minimise the backlog of cases and above all make the courts more accessible.
If at the end of his two-year tenure, he has managed to get the people to talk positively about the judiciary, then he has done his job well.
Dzaiddin is clearly the right person to provide for the lack of leadership in the judiciary, which is what he said as being one of the main weaknesses of the judiciary.
Act without pressure
As for Ainum, one of the more pressing tasks she will be facing is the use of her discretion to prosecute anyone.
Ainum, the first woman AG, must stand firm in taking her decision without yielding to any pressure from anyone.
She had said that she will "try to do my utmost not to disappoint the government".
It is hoped that by this she had not meant that she will not prosecute anyone in the government for any wrongdoing.
She must strictly stick to the letter of the law and whoever is guilty of any form of wrongdoing, that person must be brought before the court.
Much is expected from her as the AG. She must at all times remember that the public would like to see wrongdoers face the law.
Her no-nonsense attitude could make the difference in the prosecutorial decisions and together with a strong judiciary, one hopes that better things are here for good, finally.
Supremacy of law
If both Dzaiddin and Ainum can make positive changes to their respective institutions, it will go long way in making the supremacy of the law in this country supreme again.
They have both faced detractors who have claimed that their appointments were unconstitutional but they have the support of the government in the form of the de facto law minister Dr Rais Yatim.
He has high hopes on both of them and he believes they are the right candidates to bring back the good times to the Malaysian judicial system and the AG Chambers.
Related stories
On one hand, the new chief justice Mohamed Dzaiddin Abdullah had promised to put the judiciary in order.
And on the other, the new Attorney-General Ainum Mohd Saaid, who described herself as a no-nonsense person, had said she would act reasonably for the interest of justice and fairness
An interesting note in their appointments is the fact that both have only two years left for them to put in place any of their proposals for change.
Dzaiddin is 63 and Ainum is 54. Of course, they could be offered an extension of a contract of services, but even with that the most they will serve is three years.
Seen in this context, they will be running against time to implement reforms in their institutions.
As for the judiciary, Dzaiddin had said that he will release his policy proposals after he had met with his judges. The meeting will take place on Jan 13.
No cronyism
Among the pressing issues in his hand is the need to fill up vacancies in the courts - most immediate will be in the Federal Court and the Court of Appeal.
He might have to find a suitable way for the appointment of judges, especially for the higher courts as the current system leaves room for cronyism.
Dzaiddin had admitted that amongst his first tasks will be to get the judges to work closely.
"I'm hopeful, with the response I've got from my brother judges who have written me letters to say that they will give me their fullest support. That augurs well for the future of the judiciary," he said.
It is well known that the judges were divided under the former Chief Justice Eusoff Chin. Things nearly boiled over when it became apparent that Dzaiddin was to be the new man at the helm and not one from Eusoff's "camp".
Rumours were flying to the effect that Eusoff was not happy with Dzaiddin's appointment and that he was not keen to participate in any functions over the new appointment.
Again, words were also out that certain judges close to Eusoff had secretly made known their worries of being kept in cold storage under the new man.
All this could not mean anything. In any event, Dzaiddin had given his word that he will meet all his judges to seek their views on how to improve the judiciary.
More transparency
One thing he must make clear to them is the fact that they must act judicially and have the courage to recuse themselves from cases that could connect them to the parties involved.
Much have been said about some judges, even senior judges, being seen with lawyers and claimants of suits and later giving judgments in favour of those same parties.
Dzaiddin must stress to his judges that this should not be happening at all.
"Transparency should be the order of the day," he had said and he must stress this to his judges as well.
One other area he should concentrate in to regain the independence of the judiciary, to the extent that it should see the return of the days when the judiciary enjoyed international respect.
Of course, he has much do to. He must also make sure the judiciary is people-friendly and not seen as an aging bureaucratic government department with too much red tape.
At the moment, the men on the street feel the courts have moved away from them and are being controlled by the government.
He had given the assurance that he will try to improve the services given to the people by reducing the delay of court processing, minimise the backlog of cases and above all make the courts more accessible.
If at the end of his two-year tenure, he has managed to get the people to talk positively about the judiciary, then he has done his job well.
Dzaiddin is clearly the right person to provide for the lack of leadership in the judiciary, which is what he said as being one of the main weaknesses of the judiciary.
Act without pressure
As for Ainum, one of the more pressing tasks she will be facing is the use of her discretion to prosecute anyone.
Ainum, the first woman AG, must stand firm in taking her decision without yielding to any pressure from anyone.
She had said that she will "try to do my utmost not to disappoint the government".
It is hoped that by this she had not meant that she will not prosecute anyone in the government for any wrongdoing.
She must strictly stick to the letter of the law and whoever is guilty of any form of wrongdoing, that person must be brought before the court.
Much is expected from her as the AG. She must at all times remember that the public would like to see wrongdoers face the law.
Her no-nonsense attitude could make the difference in the prosecutorial decisions and together with a strong judiciary, one hopes that better things are here for good, finally.
Supremacy of law
If both Dzaiddin and Ainum can make positive changes to their respective institutions, it will go long way in making the supremacy of the law in this country supreme again.
They have both faced detractors who have claimed that their appointments were unconstitutional but they have the support of the government in the form of the de facto law minister Dr Rais Yatim.
He has high hopes on both of them and he believes they are the right candidates to bring back the good times to the Malaysian judicial system and the AG Chambers.
Related stories
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