Former Singapore Prime Minister LKY had formula, based on ruthless ‘heads must fall’ approach, for greater efficiency, leaders in Japan would commit hara-kiri (ritual suicide by disembowelment) if they ‘bring shame to the Company, people and the nation’!
Commentary And Analysis . . . Singapore Prime Minister Lee Kuan Yew (LKY), in advocating that “heads must fall” if mistakes were made by subordinates, did not mention the principle on leadership. It’s the principle in management, on leadership, that “leaders can delegate authority but must accept responsibility for the mistakes of subordinates and resign”.
This doesn’t happen in Malaysia where errant parties in leadership positions, except for former Prime Minister Datuk Seri Najib Tun Razak, run away when caught with the pants down and/or point the fingers of blame elsewhere.
Mahathir, Meanwhile …
Dictatorial former Prime Minister Tun Mahathir Mohamad for example, stays in glass house, and throws stones and/or points the finger of blame elsewhere. Four fingers are pointed back at him.
He lamented in the media, in shedding “crocodile tears”, that former Finance Minister Tun Daim Zainuddin wasn’t allowed peace in the last days.
He came out in support of his late compatriot by saying Daim is self-made.
No one can escape responsibility for their own actions. Still, no matter how, it isn’t wrong that Daim became super duper rich, it would be wrong if it was proven that he hoarded wealth at the expense of the nation. In Islam, for example, wealth was form of trust on behalf of the people. Therein, the matter lies in court.
Daim said from the grave, based on the wife’s words, that the case against him should continue. Daim could not take the 50b in assets, RM or US$, with him.
Mahathir if allowed peace in the last days, already numbered, will probably be under house arrest as political prisoner. The Home Minister has prerogative and discretionary powers on the matter.
House arrest will get Mahathir out of the way, permanently, since he’s already 99 years. Mahathir, like people in the old country Kerala, may only go at 105+-. The longevity genes come in.
LKY
It’s unlikely that Prime Minister Datuk Seri Anwar Ibrahim, keeping the nature of rural politics in mind, would file civil action against the Mahathir Family and freeze, seize, and forfeit the alleged billions accumulated as money laundering assets and “secret profits”. In law, they are state revenue. The jury may no longer be out on whether Mahathir, given litany of wasteful government expenditure for decades, was about greater efficiency ala Lee Kuan Yew.
Mahathir, it has been alleged, benefited from the affirmative action programmes in distortion. In any case, the bumiputeraism was rendered redundant in 1972 when the 15 year sunset clause expired. Article 4 and the Conference of Rulers keep the redundant clause Article 153 and facilitating clauses, also rendered equally redundant.
Greater Efficiency
Mahathir, unlike Lee Kuan Yew’s obsession with greater efficiency, transferred and promoted those whose heads should have otherwise fallen. Mahathir publicly blamed faceless subordinates if mistakes were made. The blame game syndrome marked the Mahathir years in government. In law, transfer can be proven as victimisation. However, promotion negates such allegations.
Mahathir was also notorious for doing away with checks and balances in government, the Cabinet, and the Barisan Nasional (BN).
The government, under Mahathir, did away with due diligence, forensic accounting on the money trail from the public treasury, government contracts were inflated by as much as double, triple and even 10 times what it should cost the tax payer.
MACC investigation files were kept by Mahathir. No action can be taken against those linked with government unless these files were returned.
The cases against Eric Chia of Perwaja Steel and Kasitah Gaddam in Sabah, as examples, were heard in corruption court only after Prime Minister Tun Abdullah Badawi succeeded Mahathir in 2003.
Prime Ministerial Dictatorship
It’s open secret that the Mahathir years in government degenerated into prime ministerial dictatorship.
The Cabinet System, Parliament, the BN Supreme Council and Umno Supreme Council were all compromised, and were reduced as rubber stamps.
The BN Supreme Council, under Mahathir, seldom met. The Umno Supreme Council, also under Mahathir, allegedly usurped the power of the BN Supreme Council.
The BN concept, as Prime Minister Tun Abdul Razak explained, was all about power sharing in the form of seats and government positions and, in taking the cue from the Cabinet System, decision making by consensus — viz. no voice against — and the principle of collective responsibility.
The Indian Diaspora and Chinese Diaspora, by GE14 on 9 May 2018, abandoned MIC and MCA. Umno was left all alone with smaller parties in Malaya and proxy parties in Sabah and Sarawak.
Political Prisoner
Attorney General Tan Sri Tommy Thomas, in taking the cue from dictatorial premiership, charged only Najib for the RM42m SRC International case on political donation. The court, citing the MACC Act 2009, deemed the claimed political donation was proven as “deriving personal benefit” and therefore tantamount to bribery and corruption, based on abuse of power, conflict of interest and criminal breach of trust.
He was jailed, unrepresented, on 23 August 2022 for 12 years and fined RM210m. In law, sentences cannot be disproportionate. The MACC Act 2009, it can be argued, was unconstitutional. It was null and void by the extent of inconsistency with the rule of law, the basis of the Constitution.
UMNO Constitution
Interestingly, the Umno Constitution states that the President can keep political donation in personal account.
Former Sabah Chief Minister Tan Sri Musa Aman claimed in the High Court of Malaya on 8 June 2020 that RM380m found in personal account was political donation. The Prosecution had earlier proven that it was bribery and corruption which came from timber contracts awarded from Sabah Foundation concession areas. The court accepted, with straight face, that the RM380m was a political donation. It granted him DNA (discharge and acquittal) on 46 corruption charges.
In law, Article 8 in Malaysia, there can be no discrimination. There was discrimination, in taking the cue from Musa, against Najib. Agong found miscarriage of justice during the Pardon’s Board meeting on 29 January 2024.
There’s no law on political donation in Malaysia.
However, under the Income Tax Act 1967, taxes must be paid for political donation over RM1K and the donors named. Musa did not produce income tax receipt in court.
Prerogative and discretionary powers do not exist if abuse of power can be proven.
Mahathir And BFD
It’s not known if Mahathir invoked the BFD (Basic Features Doctrine) which, written or otherwise, permeates the Constitution.
The Prime Minister, government and Parliament stand indemnified, have immunity, and implicit Pardon for acts in public office.
The Indian Constitution and US Constitution, as two examples, mention no BFD.
The Supreme Court of India however, through series of case laws, ruled that the BFD permeates the Indian Constitution.
In Malaysia, there’s lacuna (gap) in local law on BFD. The Federal Court can cite case law on BFD from Commonwealth jurisdiction, as Advisory Opinion, for declaring local case law.
The US Supreme Court ruled recently that the President has immunity for acts in office. However, the immunity does not cover private criminal acts in office. The fine print in the ruling cautions that the threshold cannot be crossed from acts in office to private criminal acts.
All the issues in the link above should have been recorded in the form of statement on agreed facts and signed by both sides.
Matters in the statement need not be cross examined.
Then, the court can focus on finding the law and declaring it, after the lawyers look for the law and point it out.
The court isn’t about truth or justice.
It’s only about law. – NMH
Internal Related Links . . .
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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