Posted on by Kit

Commendable candidates for RCI – Tunku Aziz, Raja Aziz Addruse, Param Cumaraswamy, Yeo Yang Poh and Chooi Mun Sou

I am taken by surprise at the Bernama report quoting the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz as saying that the names of candidates for the Royal Commission of Inquiry into the Lingam Tape and Judiciary will be tabled at tomorrow’s Cabinet.

This is because the Prime Minister, Datuk Seri Abdullah Ahmad Badawi has given Malaysians the impression that the Cabinet tomorrow will decide on the Royal Commission’s terms of reference, while the Cabinet the following week on the composition of the Royal Commission.

Now the whole process of establishing the Royal Commission of Inquiry seems to have been telescoped, without any consultation whatsoever whether on its terms of reference or composition. This is quite ominous.

I had proposed that scholar Prince, Raja Muda of Perak, Raja Dr. Nazrain Shah will be a very good choice as Chairman of the Royal Commission of Inquiry to restore confidence in the independence and integrity of the judiciary, although the ideal candidate would be Sultan Azlan Shah especially as he was Lord President during the golden era of the Malaysian judiciary a quarter of a century ago.

I had also suggested some names formerly from the judiciary as appropriate members of the Royal Commission, namely fomer Chief Justice Tun Dzaiddin Abdullah, former Court of Appeal judges Datuk Shaikh Daud and Datuk N. H. Chan and former High Court judge and leading Malaysian jurist Datuk Seri Visu Sinnadurai.

Today, I wish to propose some names from the legal and non-legal circles who will be regarded by all sectors of Malaysian society as eminently qualified to serve on the Royal Commission which must play a critical role to restore national and interenational confidence in the independence and integrity of the judiciary after almost two decades of ravages and degradation, viz:

  • Tunku Abdul Aziz of Transparency International fame;
  • Raja Aziz Addruse — former Bar Council President;
  • Datuk Param Cumaraswamy — former United Nations Special Rapportuer for independence of judges and lawyer;
  • Yeo Yang Poh, former Bar Council President; and
  • Chooi Mun Sou, member of the three-man Ahmad Nordin Inquiry into the RM2.5 billion Bumiputra Malaysia Finance scandal in the mid-80s.

45 Replies to “Commendable candidates for RCI – Tunku Aziz, Raja Aziz Addruse, Param Cumaraswamy, Yeo Yang Poh and Chooi Mun Sou”

  2. If the Govt. would ask and HRH Raja Nazrin would agree, in one single move, the Govt. would regain all the credibility that it has lost in its inept handling of this judiciary crisis.

    But would this hp6 Govt. has the guts to face the hard truth?

    Those other names that YB Kit has proposed are all suitable. There is no shortage of emminent people in this country whose reputations would enhance any RCI. And with HRH taking the helm as Chairman, and with any of the suggested people as members, any eventual findings and recommendations of the RCI would be unquestionable.

    All this if we are in an ideal world and the RCI appointment is sincere.

  3. The men you have suggested are of impeccable character. I doubt anyone of them will be selected. The PM will choose someone with tainted character, preferably with some skeletons in his cupboard or someone he can manipulate to give “friendly findings” on the video clip.

  4. Since a very senior judge, a CJ, is involved, and there is also a need to do a major overhaul, then it would be logical and essential that the members of the RCI be composed of some very senior people, even from the outside e.g. from other Commonwealth countries like India, South Africa, Australia, New Zealand and Canada.

    But given the expected narrow scope of the RCI and the government wanting it to be a domestic affair and wanting this be done in the “Malaysian” way to satisfy certain political interests, it is very likely that we will end up with second or third best candidates, candidates who might lean towards the official line.

    People like Ling Liong Sik or some retired senior civil servants are likely candidates. Who knows, maybe the existing 3 men panel might be reappointed as RCI members.

    Ah. Don’t expect too much. Coming from Nazri, one only expects the worst. His standards and objectives are off tangent and skewed all the time. Must be due to some loose wires. He can already make statements when the Cabinet has not even met.

    And Pak Lah will just fumble along and agree.

  5. While the nation was crying for the set up of the Royal Commission of Inquiry, the deputy premier announced the set of a three man panel to investigate the authenticity of the video tape.

    Now as usual, pak lah is in singapore for the asean meet, and than again someone will be appointed to head the RCI( if at all).

    puzzling though, why the RCI was not allowed to be established in the first instant. next the three man panel of investigation must be made public for us to know what was their difficulties and problems, so that the RCI would not be handbounded again.

    and just for interest sake, we have lingam brother, spilt the beans further with allegation of misconduct and gifts bearing to the judges and cops. the police report being lodged in march, have yet to see any further actions.

    till the final outcome, it is still an allegation, as any insinuation is just as bad as an accusation without basis. HOWEVER, IT MUST BE TERRIBLE IF IT IS TRUE THAT COPS AND JUDGES AND LAWYERS ARE IN COHORT, whatever your religion is, go and seek forgiveness from the ALMIGHTY. how can anyone of us sleep soundly with such guilt???????? i cant. can they????????????

  7. YB Lim,

    I am glad that you have chosen to nominate YM Tunku Aziz to be a member of the soon to be named Royal Commission on the Judiciary. He is a very good man.

    Tunku Aziz and I worked closely when we were both at Bank Negara and Sime Darby. Prior to joining the Bank, he was with the Guthrie Group. After that he was with Dunlop Malaysian Industries. Apart from all that, like me he is from Kedah where he grew up under the tutelage of his beloved but very strict father, Tunku Ibrahim, who was an outstanding and principled Police Officer.

    After Sime Darby, the Tunku went on to serve as Director of Management at the Commonwealth Secretariat in London. Upon his return he set up the Malaysian Chapter, Transparency International and promoted the idea of a National Integrity Plan, a precursor to the National Integrity Institute and the Anti-Corruption Agency Academy.

    After his stint at Transparency International as its founder President, he was President of the Royal Selangor Club where he stopped the rot in its management. Tunku Aziz was headhunted for the position of Special Adviser to the UN Secretary-General (Kofi Annan) on Ethics in New York.Upon his return to Malaysia, he established the Malaysian branch of Caux Roundtable, a consulting group on governance. He was a commissioner of the Royal Commission on the Royal Malaysian Police and is a regular contributor on ethics and governance to the New Straits Times. He is the current President, The Malaysian-British Society which Tun Ismail bin Mohamed Ali and I set up in the 1980s.

    The Tunku is a man of impeccable standing and a pillar of our society. He had a huge influence on me as my boss and colleague. As a strong advocate of good governance and strong ethical values, he would call a spade a spade. Whereas I have been too blunt, he is persuasive, diplomatic and engaging, and not seen as anti-Establishment.That is where we depart.He is also respected by the Anti-Corruption Agency for his uncompromising stance on corruption and abuse of power.

    Tunku Aziz will be a great asset as he is very balanced, thorough and insightful.

    Thank you

  8. Yes, DYMM Raja Azlan or his son would be a perfect choice. Raja Aziz Adruse is famous for being righteous and no nonsense lawyer.
    Yes, let us hope that Pak Lah is sensitive to the aspiration of the rakyat.

    Ling Liong Sik as a member of the commission? I want to vomit la! Disgusting is the word!

  11. Uncle Lim,

    If it is possible send a message to the goverment saying that, the people of Malaysia does not want any tolerance. We want the best to char the RCI. No compromise no tolerance, no second best. We want the best to do this investigation. Else they are just courting the wrath of the hornet’s nest.

  13. “Today, I wish to propose some names from the legal and non-legal circles ….

    • Tunku Abdul Aziz of Transparency International fame;

    • Raja Aziz Addruse – former Bar Council President;

    • Datuk Param Cumaraswamy – former United Nations Special Rapportuer for independence of judges and lawyer;

    • Yeo Yang Poh, former Bar Council President; and

    • Chooi Mun Sou, member of the three-man Ahmad Nordin Inquiry into the RM2.5 billion Bumiputra Malaysia Finance scandal in the mid-80s.”

    The above would be more acceptable. Involving members of the royalty is not a good idea since it presents serious constitutional issues.

  16. I agree with Din Merican about Tunku Aziz.

    How about Tunku Ahmad Yahaya, the former Chairman and CEO of Sime Darby who has a distinguished service and sat on many boards of governors including BNM? He is related to the country’s first Prime Minister.

  17. Another country where judges can be bought and sold
    http://www.timesonline.co.uk/tol/news/world/asia/article2903477.ece
    Judges warned lawyers that they faced contempt charges and cancellation of their licences if they persisted in challenging the legality of the newly installed court. Musharraf won a controversial election last month but his victory was blocked by the Supreme Court until it decided on the legitimacy of his candidature. The court was purged of independent judges after he imposed a state of emergency…

  18. But Kit you should not have suggested these names because by so suggesting you have reduced their chances of ever being placed on the panel. It would be seen as an opposition victory if their names were now to go on the list – let alone on the panel!

  19. Undergrad2,

    Tunku Ahmad Yahaya was never Chairman of Sime Darby. He is a very good man and as Chief Executive Officer, he was both Tunku Aziz’s boss and mine. Yes, he will be a good choice.

    We must not only look at the composition of the Royal Commission but also its terms of reference(TOR). The TOR must not limit itself to the Lingam tape. It should be comprehensive since the Judiciary is the third and equal pillar in democratic governance. This means there may have to be amendments to the current constitution and changes in the way we appoint and promote our judges.

    If the Government is genuine about stopping the rot, it does matter if YB Lim had recommended some names. These personalities have impeccable track record of service to our country and are apolitical. Tunku Aziz, for example, is not a member of any political party. He is a civil society leader with outstanding qualities.

    Let us hope good sense and rationality prevail, not politics. Politics messed up the Judiciary. So we must get politics out of the Judiciary and give justice back its rightful place in our system of govenance.

    Thanks.

  21. “If the Government is genuine about stopping the rot, it does matter if YB Lim had recommended some names.” Din Merican

    Sometimes the question begs the answer. The Government is not honest about wanting to stop the rot – and so Kit by himself personally identifying his choice of nominees is playing right into their hands. The UMNO dominated and BN run government caused the rot, remember?

  22. “Let us hope good sense and rationality prevail, not politics. Politics messed up the Judiciary. So we must get politics out of the Judiciary and give justice back its rightful place in our system of govenance.” Just Din

    The politicization of the judiciary has long been in the making. It started in a systematic way in the 80s. Mahathir single handedly and systematically took down the judiciary then.

    Perhaps he should be allowed to sit on the panel so he could cleanse himself of all the ‘sins’ he committed as PM before he meets his Maker. That would not be too bad an idea.

  23. YB,

    It seems commonsensical enough that the selection criteria for Royal Commissioners ought to be a record of significant achievement within the nominee’s chosen way of life that demonstrates a range of experience, skills and competencies; an ability to make an effective and significant contribution to the work of such a commission of which having some knowledge of law will help; outstanding reputation as well as personal qualities, in particular integrity and independence; a strong and personal commitment to the highest standards of public life; and independence of any political party.

    The names suggested by you meet these criteria but what if the government recommends candidates the opposite of these criteria? What is a point of a Royal Commission when we need another independent commission to evaluate the independence of this Royal Commission?

    The Royal Commission will be established pursuant to the Commissions Of Enquiry Act 1950 (Revised 1973) (“OEA”) by virtue of which it is stated “The Yang di-Pertuan Agong may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners….”.

    Obviously, the Yang di-Pertuan Agong either has some ideas of his own or he would require advice. The OEA is very clear that the Yang di-Pertuan Agong does not need to seek advice from the cabinet (though there nothing to preclude him from so doing if he wishes).

    When Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz said that the names of candidates for the Royal Commission of Inquiry into the Lingam Tape and Judiciary will be tabled at tomorrow’s Cabinet, he is assuming that as a matter of course the Yang di-Pertuan Agong will be requiring advice from the cabinet.
    Why does he assume this? Well even if the government were entitled to submit its recommendations, why must it be assumed that the process of selection excludes other stakeholders’ views and recommendations?

    There are a number of considerations here why I would argue the cabinet’s recommendations should not be exclusive.

    First Nazri is submitting with alacrity the list of the possible candidates to the cabinet for deliberation for onward transmission to the Yang di-Pertuan Agong. This has been done without canvassing the views of interested stakeholders ie the civil society, Bar Council etc.

    The strongest argument why the government should not be the sole and exclusive recommending body is that it is an interested party in the subject of enquiry of such a commission. This is because the subject of enquiry is the video clip in the context of the larger issue of how the institution of judiciary has been compromised by executive interference – so how can (I respectfully ask) an interested party like the government be the sole and exclusive recommending body of commissioners, which if allowed, is fraught with conflict of interest leading to the government recommending persons that will exonerate its interfering role – something like appointing one self or one’s proxy to adjudge the merits of one’s own cause?

    I suggest that all relevant stakeholders – whether Bar Council, Transparency International, NGOs representing women groups, association of ex judges – also have equal right as the government to submit their candidates to the Yang di-Pertuan Agong for consideration at the same time.

    There is nothing in the OEA that precludes them from doing so. If Bersih’s memorandum on electoral reforms that stem from, an illegal assembly and march could be presented to the Istana, why can’t similar memos by Civil Society and NGOs on choice of possible commissioners be likewise presented when such presentation is legal and not in contravention of OEA? There is after all nothing in OEA or even the Federal Constitution that says that the Yang di-Pertuan Agong has to seek advice of the cabinet in appointing the commissioners, though he may be entitled if he so wishes.

    It may be convention for the Cabinet to advise but these are extraordinary and extenuating circumstances in which government is interested party in object of enquiry that justifies the unconventional approach of other stakeholders views be given equal hearing and royal audience.

    Would it be wise – can you – mobilise civil society and NGOs to submit their views to the King as well since the government, in its infinite wisdom, has not deemed it neccesary to prior canvass all relevant stakeholders’ opinion before making decision/recommendation? :)

  25. “There is after all nothing in OEA or even the Federal Constitution that says that the Yang di-Pertuan Agong has to seek advice of the cabinet in appointing the commissioners, though he may be entitled if he so wishes.” Jeffrey QC

    My knowledge of Malaysian constitutional law is limited, I must admit. But I do not think the Agong has that kind of role in our Federal Constitution of 1957. Despite all the ambiguity in terminology (which is deliberate to allow some flexibility) I do not honestly think that the framers of our Constitution envisaged a larger role for the Agong. The Agong cannot and does not by convention and by law act independently of the head of the executive branch – except in situations expressly stipulated in the Constitution such as when there is no clear leader within the political party that has won the elections, to form a government.

  28. Undergrad2,

    There are lawyers who hold the view expressed based on the OEA (a Federal law) not mentioning that the Yang DiPertuan Agong has, in appointment of commissioners, necessarily has to seek advice from the cabinet.

    That apart, I agree with what said that, likely in the exercise of discretion prescribed under any Federal law, the constitutional monarch ought to listen to advice of the cabinet unless the Federal law expressly states otherwise, which the OEA (unfortunately) does not.

    If you’re right, which is likely, then the stakeholders/NGOs should re-direct the recommendations to the cabinet. It seems a lost cause for everyone to call for a Royal Commission when after it has been agreed upon by the government – which says, here I give you what you want – we still get the same people as the Haidar Panel in the Royal Commission. It then becomes much ado about nothing. Is there no way out of this problem ?

  30. I do not believe the Agong has the power given to him by our Constitution or through the force of convention to act on his own. At best and under special and expressed circumstances he may withhold his consent to a request such as when to declare a state of emergency, when to consent to a request for dissolution of Parliament.

    If the Cabinet wants to put up a sham commission to investigate whatever that requires investigation, they can still do and in doing so ignoring public opinion in favour of transparency and good governance.

    You’re right about the law of natural justice being violated. We cannot expect the government to investigate itself.

  32. I don’t quite understand this fixation on the Lingam tape and the frenzy to have the tape put into evidence when it is V.K. Lingam who should appear before the investigative body to disclose the identity of the person he was seen talking to and to explain – under threat of perjury, of course.

    Should he raise his right against self-incrimination and not answer questions put to him, then have him charged for obstruction of justice.

  34. If the executive (representing the government) is an interested party, it should disqualify itself from the role of “adviser” – I think so but since this is a fantasy to hope for (the disqualifying part, I mean), I think it would be proper for views of Civil Society/NGOs to be submitted to the King or the government since the government has not canvassed these stakeholders’ views. Though this would be proper from standpoint of ensuring independence of commissioners so that the RC could perform the task it is supposed to do with public confidence, we however don’t have the law on our side if the government chooses to ignore these legitimate concerns and recommend candidates who don’t meet the proper criteria. All the government has to say is that it has delivered what the public clamored for – a Royal Commission – and the selection of the commissioners is something the King has to take the advice from the cabinet/government formed by coalition of parties holding majority in Parliament, the King being expected to do so because he is but a constitutional (as distinct from absolute monarch) operating within a parliamentary system based on majority of representatives elected in consistent with concept of sovereignty of people (or majority of them through the ballot box) and laws made by them through their representatives. What can we say? They are saying aren’t these the agreed rules of the game?

  41. we shud knw this lingam is very influential or shall i say too influential.[deleted]…or thats how they think i suppose.they will only kill their enemies…but not their “friends”…if u knw wat i mean.thats the “efficiency” of the administration of the present government today.

  42. YB Lim
    Tunku Abdul Aziz, Raja Aziz Addruse, Datuk Param Cumaraswamy, Yeo Yang Poh and Chooi Mun Sou are all excellent candidates.

    But I think you stand better chance striking the first price Social Welfare Lottery than getting all these five persons appointed as members of the RCI.

    Don’t forget to buy a social welfare lottery ticket today!

  44. Thank you Jeffrey.

    Yes, agree with you the views of the Civil Society/NGOs be considered and submit to the King and Government. Let the list also include Members of Bar Council and the Business Community for a more balanced view.

    We make up the Malaysian society that has the best interest of this nation at heart so let our voices be heard.

  45. The guy who suggested LLS; are you nut or what? Or are you related to him?Or is it his TREMOR?
    If you are neither one of the above, you must have slept through all these 20 plus years of your life.

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