OTHER STORIES: Ong: Disciplinary action against MCA members who create false issues
PETALING JAYA (April 11, 2008): The Malaysian executive – through constitutional amendments – assumed excessive unhealthy powers in the practice of a democratic system, said former MCA vice-president and former Health Minister Datuk Chua Jui Meng.
In a statement today, Chua supported the call for a judicial reform by the Perak Regent Raja Dr Nazrin Shah who also spoke of the need for the three government branches – the legislative, executive and judiciary – to be highly responsive and accountable to the people.
“Malaysia was founded on the governing constitutional principle of the three government branches, each invested with specific functions to provide the necessary check and balances for good governance.
“However, over time, the executive branch has assumed more powers than is healthy for our democracy and I believe that realignment must be made in all three branches to restore the balance as enshrined by our Federal Constitution,” he said.
Chua recommended for an amendment to the Constitution to uphold the authority of the judiciary and for its sanctity “it is vital that every person and institution – including political parties – must be treated equally before the law”.
“Section 18(c) of Societies Act provides the exclusion of courts’ jurisdiction over political parties and can protect abuses committed by the party top leaders,” he said, citing the example of the Bukit Mertajam MCA taking a case against the party leadership for abuse of power through the injection of phantom members to the High Court in 2001.
“The High Court dismissed it on grounds that the court had no jurisdiction over political parties. We need to amend this to restore the courts’ jurisdiction over legal matters pertaining to political parties.
“Members must be shielded from sacking because they bring complaints of injustice pertaining to their party to the courts for adjudication,” he said, adding that there needed to be two separate jurisdictions for the Syariah and Civil courts to prevent a repeat of Lina Joy’s outcome.
“The Parliament itself must be revitalised but more than that, I believe that the primacy of Parliament must be restored with the executive branch being accountable to it.
“No government institution or government-linked-company should be exempted from the Parliament’s purview.
“Amendments should be made to all Acts that provide for the exclusion of parliamentary review of these organisations,” he said, further supporting the provision for live telecast of Parliament sittings.
Chua added that the bigger Pakatan Rakyat (PR) representation will also provide vibrant debates in the august house.
“However, I pray that we will be able to emulate the British Parliament upon whose principles we were founded that encourages even parliamentarians of the government party to question and bring the government to account.
“I hope the executive branch – the Cabinet – will listen to the voices for change and allow itself to lead the reform to redistribute the powers back to the other two branches thereby securing the freedom and rights of all Malaysians for times to come.
“I commend (Minister in the Prime Minister’s Department) Datuk Zaid Ibrahim for his prompt response to Nazrin’s call and hope we can be assured that the Cabinet will move expeditiously in implementing what was promised,” Chua added.
Ong: Disciplinary action against MCA members who create false issues
KUALA LUMPUR (April 11, 2008): MCA president Datuk Seri Ong Ka Ting said disciplinary action will be taken against members who "created" issues that did not exist in the party.
He was responding to vice-president Datuk Donald Lim's statement to Malaysiakini today that he could have been targeted by a clandestine group of "spies" alledgedly delegated to snoop on the political enemies of the president.
After chairing a presidential council meeting today, Ong said: "Lim's statement is riduculous. It's a very serious accusation and those who make such statements must bear responsibility.
"The party does not need to be involved in such unhealthy activity. We have already had our party veterans to probe on this matter and we want the outcome as soon as possible," he told reporters in a post-presidential council media briefing.
On the Islamic state issue, Ong said the MCA will never compromise on the setting up of an Islamic state with the implementation of Hudud law, as suggested by PAS deputy spiritual leader Datuk Dr Haron Din today.
Haron said when the party is strong enough to take over the federal government, the Constitution will be amended to allow the implementation of Hudud law in the country.
Ong said MCA has been cautioning the people that PAS always wanted to set up an Islamic state.
"MCA strongly condemn and will not accept the ulterior motive of PAS and their Pakatan Rakyat partners must openly declare their stand," he said.
When pointed out that the Prime Minister and his deputy had already declared Malaysia as an Islamic state, Ong said: "MCA will hold strong to the Constitution which guaranteed the rights of non-Muslim.
"We will hold tight to the constitutional spirit that was forged by our forefathers," he added.
Ong, however, evaded answering questions on whether he or the MCA supported the Barisan Nasional's stand that Malaysia is already an Islamic state.
Ong said the party leadership will go on a national tour to meet grassroot leaders and brief them on the party's future plans that were formulated in the recent brainstorming session to reinvent the party.
Asked whether he will defend his president post in the coming party election, Ong refused to answer.
Updated: 03:47PM Fri, 11 Apr 2008
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