Conduct referendum on ISA
Undeniably, BN is chosen by the majority of people in Malaysia through the general elections, even though there is a possibility that unfair practices had occurred during the election. It is submitted that a democratic society works in a way where the minority has to listen and follow the wishes of the majority.
However, this is also the very weakness of a democratic system, i.e. the wishes of the minority are often marginalised or ignored.
Members of parliament are chosen by the people. They are assigned to Dewan Rakyat to voice out the people's opinion. MPs should follow the wishes of the people and not the other way round.
In Malaysia, the majority of the people believe that the Internal Security Act should be repealed because it is no more a necessary to have such a draconian statute. Furthermore, it is very clear that Parliament, when it passed the Act, intended it to be used against communists, not against politicians and students who refused to listen to the words of the government.
Recently, High Court judge Mohd Hishamudin Mohd Yunus said that the ISA should be reviewed by the Parliament. He did not rule out the provision or hold the provision to be invalid. This is in accordance to the theory of separation of powers.
De facto Law Minister Dr Rais Yatim should be very clear on this point. However, he criticised the judgment. Indeed it is sad to see a prominent constitutional lawyer and a respected member of society actually going back on his own words.
Deputy Prime Minister Abdullah Ahmad Badawi said that the majority of the people believe that ISA should be retained. There is no empirical evidence to support his view. It would be prudent if the government could hold a nationwide referendum and decide whether the ISA should be retained or otherwise.
