On the independence of judges

By NH CHAN

NH CHAN was admitted to the Bar in 1961 and was a lawyer for almost two decades before becoming a High Court judge. He was then elevated to the Court of Appeal before retiring in 2000. He is the author of two books, ‘Judging the Judges’ (2007) and ‘How to Judge the Judges’.

What does the term ‘the independence of the judges’ mean? I pose this question because it appears that there are many of our judges today who do not seem to know the true meaning of separation of powers in constitutional law.

This is most apparent especially among those judges in the higher echelon of the judicial hierarchy. The bad judges seem to think that independence means that they can do what they like – because the dictionary says the word means ‘free from the control or influence of others’.

The recalcitrant judges think that words can mean whatever they want them to mean. They think like Humpty Dumpty who says that it depends on who has the power – “the question is,” said Humpty Dumpty, “which is to be master”. These Humpty Dumpty judges also think that they are independent of the legislature.

Much ado about sexuality

By Sim Kwang Yang

According to the Old Testament of the Christian Bible, the people of the cities of Sodom and Gomorrah were so sinful that God had them destroyed en masse. Sodom is the root word for our modern term “sodomy”.

The term has been very much in the headlines in recent weeks, and decent people are aghast at the extent to which Malaysian politics has sunk. In genteel circles, sexual deviation is seldom discussed, let alone done.

By now, we should know that homosexuality must be as old as human civilisation itself. In ancient Greek tales, we have the island of Lesbos, where the ancient Greek poetess Sappho composed her awesome verse. Lesbos is how the term lesbian originated.

Surprisingly, homosexuality was not only tolerated in ancient Greece, it was a kind of vogue among men of fashion and men of letters. If you read Plato’s dialogues, naughty references were constantly made by Socrates about ‘beautiful youths”. In the dialogue Symposium (A Greek term for a drinking party), a male disciple even gave an account of how he tried to seduce Socrates in vain.

Abolish the BTN course!

By Sim Kwang Yang

For many years, I have heard from university students and some civil servants whispering their silent tales of horror at the Biro Tatanegara courses that they had attended.

These were mostly non-Malays who were completely unprepared for the very racist assertions of the BTN lecturers.

I was dying to get my hand on some real material proof from these former participants, like pamphlets, tapes or even photos, so I could write about it on Malaysiakini.

But I was told no such materials were ever left behind, and in some cases, they had to swear to an oath of silence.

Then, all of a sudden, it took the Pakatan Rakyat state government in Selangor to open up the whole can of worms that has been festering beneath the surface for decades within the secretive courses conducted by the BTN.

Sarawak BN Battered in Publicity Wars

By Pak Bui

The Sarawak Barisan Nasional (BN) government is struggling to cope with the new media revolution. In the not-too-distant past, it could always count on KTS and Rimbunan Hijau and their stable of newspaper mules: the See Hua Daily News, the Borneo Post, Sinchew Jit Poh and Nanyang Siang Pau, to carry its propaganda.

But the tides of battle are changing. Sarawak BN has been battered by blow after blow in the publicity wars.

First, Chief Minister Taib Mahmud was infuriated by Malaysiakini’s reports of alleged RM32 million kickbacks to his family from the Regent Star timber shipping agent in Hong Kong. Last year, Taib’s lawsuit against Malaysiakini was set back when the Kuala Lumpur High Court threw out his application to ban parts of the news portal’s legal defence.

The Sarawak newspapers then made up a story about “foreign instigators” being responsible for Penan blockades in Long Bangan, Long Belok and Long Nen, only to end up with egg on their face when the “foreign instigators” turned out to be AFP journalists.

Perhaps the biggest defeat for the BN propaganda machine was the scandal over the crimes of rape visited on rural communities by logging workers.

Avatar – Attack of Aperçu

By Bunga Pakma

Many months ago we hired Nuim to do some repair and construction in the house.  Nuim is our relative in one of those convoluted Sarawakian ways (Mrs. Pakma says, “He’s my grandmother’s cousin’s son’s nephew” or something), but more important, he’s a highly skilled artisan.  He can build you a house from the foundation to the roofing, complete with plumbing, wiring, and kitchen cabinets.

I was working nearby on my own chores and when Nuim got into some process that involved moving heavy, bulky things, I thought I’d give him a hand.  I’m afraid all I did was to get in the way. Nuim remarked, without malice, “You know, B.P., I do something ten seconds before you think of it.”

Nuim put his finger on a trait of my character I constantly overlook.  Thinking is, in a sense, my profession, and thinking is indeed an excellent thing, but ratiocination is hardly the only way to live and certainly not as lofty as it’s cracked up to be.  We ought to remember Hamlet, who dithers about the propriety of revenge for four and a half acts and only does something when the king is clearly trying to kill him. For example…

Malay Muslims must walk the talk

By Baharuddin Mokhsen

Sarawak Malay Muslims must walk the talk.

Let us take a local issue as an example. Recently it was widely reported in the press that young and underage Penan girls are being raped. No local Muslim NGOs came out in support of the plight of this poor community.

Where is the local chapter of ABIM or HIKMAH (BINA, as I remember fondly)? We, who claim to be Muslims, do not appear to care. We do not walk the talk, sadly. Yet we are told that Islam is a religion of love and compassion.

Another very recent example is the demolition of the houses belonging to Rumah Nor anak Nyawai in Bintulu. I will not dwell on the legal or political aspects of the case. I am lost for words as to how the BN government cannot address the problem of landlessness, based on humanitarian grounds.

We are told the state is led by Muslim leaders. We as Muslims have failed miserably to provide for the poor, to help the needy, as required by clear tenets in Islam.

Mind you, Sarawak is blessed with vast land. But then again I might be wrong, as report after report indicates that this beautiful state of Sarawak is being carved up to faceless capitalists and owners of huge oil palm plantations.

Sarawak Government: The High Court is Wrong

By HU Editor

In a press statement released on February 3, the Sarawak State Government announced that it is appealing against the 2 High Court decisions delivered last week, in the legal actions of Agi anak Bungkong and Others v Ladang Sawit Bintulu Sdn Bhd and 4 Others, and Mohd Rambli Kawi v Superintendent of Lands & Surveys, Kuching and the State Government of Sarawak.

The Sarawak state government also announced that it has made an application for stay of execution and further proceedings of the two judgments.

The State Government does not appear to be bothered with the criticism it is likely to draw, that it is trying to influence and pressure the High Court Judge who will be hearing the application for stay of execution and further proceedings of the judgments.

Even more heroically, the Sarawak Government openly denigrated the High Court, saying the High Court “did not follow well established precedents” and berated the High Court for the “wrong application” of Article 153 of the Federal Constitution.

The State Government insisted that the two judgments ought to be critically reviewed by the Appellate Courts. The Sarawak Government claimed that Article 153, which provides for reservation of special rights and privileges for Malays and natives of Sabah and Sarawak, has no application to land and land rights.

The State Government’s arrogant message appeared to challenge the Courts. The Sarawak Government reminded the Courts, and civil society critics, that it has a mandate from the people to rule the state. It appeared to be an attempt at propaganda to silence critics, but the press statement is likely to elicit even more jeers and condemnation.

Is this the first salvo fired in a constitutional showdown with the courts? Does the Barisan Nasional government think it is all-powerful and cannot be challenged?

Full text of the Sarawak Government’s press statement:

ALLAH and the Malays

By Baharuddin Mokhsen

I am trying to understand what all the fuss is over the usage of the word “ALLAH”. Let me be clear that I am no authority on Islam, just a Sarawak Malay accepting Islam as my religion and judiciously trying to practice it as ‘a way of life’.

As the issue is currently the hot topic of the day and more so Islam is close to my heart, I took an active interest by researching and reading the numerous commentaries on the subject. I failed to find any injunctions in the Quran forbidding other “people of the book” to use the term “ALLAH”.

I am ready to stand corrected on this, but rest assured that I am willing to listen to my fellow more enlightened Muslim brethren for a different perspective.

The dumb ducks in our local councils

By Sim Kwang Yang

You see a rat running around the house. You pick up the closest solid thing at hand, aiming to throw at the rodent. Then, you hesitate because you do not want to smash up the furniture and the china lying about the house.

That is an old Chinese proverb. It describes my present mood to a T. Many Internet commentators and bloggers must be sharing my dilemma.

We have so far steered away from criticising the Pakatan Rakyat coalition, not because they are perfect, but because we value them as a vehicle to a two-coalition system and democratic progress in Malaysia.

But political parties are strange organisms. They are huge, complex, and run on their unique dynamics not always comprehensible to outsiders. They are a little like secret societies that way.

Aliens in East Malaysia

By Sim Kwang Yang

TO those in the Klang Valley who read papers like The Star and The New Straits Times, Sabah must sound like the remote edge of the nation. It is out there, a huge chunk of real estate inhabited by exotic people speaking a strange version of Bahasa Malaysia.

Therefore, it would not be so clear to those participating in the national narrative why Sabahans make such a big deal about illegal immigrants. Are they not in all corners of the nation, numbering in the millions, working in jobs deemed neither lucrative nor respectable enough by Malaysian citizens?

Unfortunately, the national narrative does not always take into account the meek voices of Sabahans. Their problems are often considered too parochial to be of national concern.

Ask any Sabahan though, and he or she will tell you that there is no greater security and social problem facing Sabah today than that of illegal aliens. It is a daily nightmare that Sabahans have to live through and watch helplessly as it reels out of control.

Op-ed pages, fertile ground for social and intellectual progress

Kaypo Anak Sarawak is a Columnist  of  Hermit Hornbill at The Borneo Post Online , His article is  published  in The Borneo Post every Sunday. (Used by permission of the Author )

WHO reads the newspaper columns like mine?

I haven’t the faintest idea really. Writing must be one of the loneliest jobs on earth. You stare at the computer monitor, and try to imagine an audience out there, waiting with bated breath for your entertaining words of wisdom. In actual fact, you never know who reads your stuff!

But the columns are an important part of the op-ed section of any newspapers in any country with a long tradition in journalism. This is one of the few jobs that are not open for application, but is offered only upon invitation by the newspaper editor.

Hard news is the staple fare of the media industry. Everyday, we wake up with a natural hunger for the who, what, where, why, how and when of the latest events that go on around our world. As the principle tool for our mass media of communication, the newspapers satisfy our needs perfectly.

A Letter from SATAN

By Bunga Pakma

The following I found in my in-box not ten minutes ago, with urgent instructions to forward the content on to Hornbill Unleashed. I considered the authour of these lines, a more potent ruler than any upon the surface of this earth, and judged it best to comply with his wishes—unsavoury a character though he be—in the interest of revealing his policy and machinations to all.   —- Bunga Pakma ****

Dear Bunga Pakma,

I condescend thus to address your insignificance, but perhaps you can do me a good turn by arranging this letter to be published in Hornbill Unleashed.  If I were to tender it to your Utusan or NST, I am afraid their editors might slight me or castrate my prose.  Me, me!  The Prince of the Powers of the Air!

Yes. You’re not that dumb.  This is Old Nick here, Beelzabub (“Lord of the Flies” for the dummies among you wretched mortals), Lucifer, the Devil, Iblis.  May I remind you, and through you my proper title is SATAN, “the accuser.” I am Yahweh’s/God’s/Allah’s prosecuting attorney. Didn’t I do a nice job with that fellow Job?