Home » Judiciary » Zaid Ibrahim and his mistaken agenda

Zaid Ibrahim and his mistaken agenda

Datuk Zaid Ibrahim speaks again! This time at the 13th Asia Pacific Forum of National Human Rights Institution last week. For a start, he wants the government to take human rights seriously.

Everytime I read about Zaid Ibrahim, I was reminded about several issues which kept popping in my head; the ex gratia money issue and his ‘myopia’ on certain matters.

Barely 5 days after he was appointed by his boss to be the minister in charge of the law, he showed his ability to unilaterally pass his judgment by expressing his personal agenda without the consent of the Cabinet.

First, he wanted the Government to apologise to the 5 judges suspended and 3 who were sacked in 1988. Then, he gave the money to all the 5 judges, including those who did not get sacked.

Was there a request by the judges to review the sentence passed by the Tribunal back in 1988? If there was, it would be ironic that Tun Salleh himself would want the government to revisit and thus review the decision. This is because, Tun Salleh himself had precariously chose not to attend any of the tribunal proceedings back in 1988.

Incidentally, Zaid Ibrahim too chose not to attend any hearing regarding his money politics allegations in 2006. Since then, he was suspended for 18 months. I guess he would like to emulate Tun Salleh Abas. When he was told that he cannot lead Kota Bharu Umno after the suspension, he began to criticise Pak Lah and the government. When he was dropped as a BN candidate in the 12th general election, he flew to Australia in a huff. It was also alleged that he sabotaged the BN machinery in Kota Bharu by helping the local PAS election machinery.

Coming back to the ex gratia debacle, if there was no request by the ex judges, then why did Zaid Ibrahim act unilaterally and arbitrarily? And the fact that the ex judges do not want to disclose the amount they received really irks me. If they are not ashamed to receive the ‘wang rakyat’, then why are they reluctant to disclose the amount?

Tak segan terima tapi segan nak beritahu jumlahnya? It is a matter of principle. IF they have one.  It seems that the call for transparency does not apply to those who should champion it.

Then there was the matter concerning Judge Ian Chin. When the said judge first made his allegations of ‘thinly veiled’ threat on the judiciary by the former prime minister Tun Dr Mahathir Mohamad, Zaid Ibrahim was among the first to give his comments. It was very disappointing that a learned lawyer like him chose to jumped the gun and joined the critics over the unfounded allegations.

It is strange that although he was among the first to say a tribunal should be set up over the VK Lingam case, but in the obvious misconduct by a top judge such as Ian Chin, he intensely oppose the creation of a tribunal to investigate Ian Chin. Why the double standard? Even Karpal Singh called for Ian Chin’s termination!

Speaking of which, what happened to the police report filed by Matthias Chang against Ian Chin? Was there no follow up by the police? It is known that since Dr Mahathir is the bête noir of the current government, any act to exonerate the ex premier will be slow in process. In fact, any reports, be it to the police or the ACA pertaining the apparent wrong doings by the government, had proven to be unfruitful. A reality which Tun Dr Mahathir did not fail to recognise.

Zaid Ibrahim, who was known to be one of the main critic of Pak Lah before his appointment as the de facto Law Minister, suddenly became very quiet in criticising his boss. Although this is not surprising, his deliberate criticisms towards Tun Dr Mahathir raised a few highbrows within Umno’s circles. He was very much echoing the Bar Council’s sentiments especially after the findings of the VK Lingam tribunal was made public.

In fact, as the de facto Law Minister, Zaid Ibrahim should be in the front line chastising the Bar Council for practising partisanship. For instance, Datuk Ambiga in her press statement right after Saiful’s medical note from the Pusrawi Hospital was leaked, launched herself into a tirade of lambasting the Malaysian authorities and questioning the credibility of the Malaysian judicial system. Nevermind that she did not do a thorough investigation of the medical note or even ascertain the authenticity of it, she did not even see anything wrong when an apparent law was broken when the confidential information in the medical note was illegally obtained. In the end, the medical note did not even free Anwar from the alleged sodomy report.

Is Datuk Ambiga running for politics anytime soon? I believe lawyers should be professional in everything that they do. Lawyers in their professional capacity, should remain apolitical and be fair in making statements. If lawyers too are blinded by politics, then they should not even shout about the alleged non independence of the judiciary since the lawyers themselves are not independent!

Zaid Ibrahim should seriously look into this before the Bar Council decided to become the fifth column. In 1991, when he was the member of the Bar Council, he actually told the Bar Council to be more objective in their assessment on any current issues. Maybe he should tell Datuk Ambiga exactly the same what he said 17 years ago.

Zaid Ibrahim, who became a powerful Minister through the Umno ticket; who actually became a Minister without even contesting in the recent general election, should count his lucky stars that the Malay party proved to be the perfect platform to climb up the political ladder albeit through the backdoor. No current Umno members had it so good except for him.

Therefore, he should at the very least live up to Umno’s aspirations and pay more attention to the Malay Agenda. Are all his statements and decisions after being selected to be the de facto Law Minister going to be beneficial to the Malays in general?

I conclude this article with an excerpt from Tan Sri Sanusi Junid’s writings regarding the fundamental nature of the Special Rights of the Malays and its relationship with the judiciary. It is imperative to point out that the Malay rights, here in Malaysia is a part of human rights too. It is hoped that Zaid Ibrahim will remember his roots and think about where he is heading.

10. Tujuan Hak Istimewa Orang-orang Melayu

10.1. Adanya ‘hak istimewa orang-orang Melayu’ di dalam perlembagaan adalah satu persetujuan sejarah yang tidak bertujuan untuk bersikap tidak adil kepada kaum yang bukan Melayu.

10.2. Sebaliknya ‘hak’ ini bertujuan untuk menjamin keamanan negara dengan mengimbangkan kedudukan dominan orang bukan Melayu dalam bidang pendidikan dan swasta.

10.3. Hanya melalui pemberian layanan istimewa kepada orang Melayu, keamanan dan keseimbangan kerajaan di bawah pimpinan Melayu, terjamin.

10.4. Jaminan ini bergantung kepada harapan orang Melayu dalam mempertahankan Perlembagaan.

11. Usaha Mempertahankan Harapan Dengan Mempertahankan Perlembagaan

11.1. Harapan dari ‘keistimewaan’ ini pula hanya boleh dipertahankan oleh;

  • Institusi Politik yang menguasai pentadbiran;
  • Institusi Raja berpelembagaan yang melindungi Agama;
  • Sistem Kehakiman

11.2. Ketiga faktor diatas menjelaskan institusi politiklah yang menjadi penentu keamanan, kerana institusi politiklah yang mempertahankan Raja Berpelembagaan dan Sistem Kehakiman. Dengan terancamnya institusi politik, Hak Keistimewa Orang Melayu, dan Islam sebagai agama rasmi, serta harapan orang Melayu tercabar.

11.3. Cabaran ini hanya boleh dihadapi jika Sistem Kehakiman kita mantap, dan Hakim yang ada memahami semangat perlembagaan dan akan mempertahankannya.

12. Hubungan Hak Keistimewaan Orang-Orang Melayu dan Sistem Kehakiman

12.1. Hak Keistimewaan Orang Melayu ini dianggap oleh yang anti-Melayu sebagai tidak adil.

12.2. Konsep keadilan diputuskan oleh mahkamah.

12.3. Jaminan kekalnya hak ini bergantung kepada tafsiran hakim yang memutuskannya.

12.4. Jika hakim tidak menyumbang kepada idea ‘Hak Keistimewaan Orang Melayu’ maka hanya kekuatan politik sajalah yang menjadi penentu.

12.5. Jika institusi politik Melayu itu lemah maka ianya perlu diperkuatkan. Kebimbangan rakyat telah disuarakan melalui keputusan pilihan raya yang terakhir ini.

12.6. Adakah kita ingin menunggu keputusan rakyat menukar institusi politik yang ada dengan yang lain.

12.7. Penjelasan yang panjang lebar mengenai ‘Hak Keistimewaan Orang Melayu’ ini adalah penting agar masyarakat Melayu dapat memahami apa yang perlu diperjuangkan.

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31 Comments

  1. Piggy Singh says:

    JMD, it puzzles me as well when Zaid was being visited by many PAS members at his house in KB to congratulate him upon being appointed as cabinet minister. Zahid should have been a sworn enemy of PAS when he brought Hudud to court, plus his drinking habit.
    It is just a waste of time asking Zaid to remember his roots, even when he is sober because his roots are cold fresh beer and he is heading for Johnie Walker.

  2. cam says:

    LIdah bercabang. That’s what i think about zahid. Like to provoke people and loves to be praised and popular to his boss, which he emulates from his boss.

    The more one pleases everybody, the less one pleases profoundly.
    Stendhal

    he also a man that can be bought easily. I wonder was he and nazri cooked up something and came up with that JPA 55/45 rules for scholarship? (pure gossip)

    quiet interestingly, he is known not very closed to SIL and/or kamal and he is stingy to the bones. HOW did he managed to get Pak Lah to chose him as a minister….
    he must have found a lot of skeletonssss in Pak Lah closetss or found Pak Lah in the closetssss.

  3. JMD,
    Right on cue. Just read today’s Sun article about the Bar Council’s concern about “troubling” reports. I dare say that double standards is unique among lawyers. When that person KondoLezzy Rice uttered about that “thing”,where were they to defend our sovereignty? We are not some renegade country where cowboys and mercenaries can pollute our integrity. Correct me if I am wrong but was not Karpal Singh initially privy to the allegation of sodomy by the main characters in the Anwar Ibrahim saga Pt1 before investigations proceeded. And that Karpal then went on to defend Anwar when he was charged and accused of the offence? Well being lawyers they could cite legal jargon and precedents for their actions. JMD, I have mentioned before that the two professions you rely that you had better get a 2nd or a even a 3rd opinion are mechanics and lawyers.

    Regards and have a good day

    JMD : Yes, Karpal Singh and later on Mat Sabu from PAS were the ones who initially criticised DSAI and condemned TDM for harbouring a homosexual in the cabinet.

    Thank you.

  4. Khoja Nadim says:

    Tuan,

    Seandainya Jebat masih hidup, hari ini mengamuklah dia atas tindakan mempersenda dan memperleceh Jalur Gemilang di alam maya kini.

    Tentunya dia akan bersilat hingga ke titisan darah terakhir dengan Kickdefella, sipemula kempen, meskipun Kickdefella itu punya Taming Sari.

    Gimana tafsiran tuan?

    JMD : Although I can understand their intention, their mode of action is wrong. It even goes against the law (disrespecting the national flag).

  5. Salam Bro….

    I envy and salute you Bro, Islam Hadhari allowed that alcohol consumption is a must in order to bend what has already been straighten.(it is not of written law in nature but the law of bolehland) Remember MOshe Dayan, Israel Defense Minister. There was this sudden Colonel of the Israel Army, who confronted the Prime Minister himself, complaining of his abrupt appointment instead of being so excited of being promoted. He was so sad that his promotion credential was based on his wife engagement with the Defense Minister. The only suggestion that the Prime Minister offered to him was that if he is able to find somebody much able than Moshe Dayan, the Prime Minister would not hesitate to replace the Defense Minister.

    So, Bro what difference does it make with the Malaysian Political Scenario of today. Those ministers appointed today are of good use with their common interest going in one direction not for the peoples but against the man that once having so much of thoughts for the nation and the peoples. We have a wonderful PM with wonderful cabinet ministers who at all time taking care of each other as that is their nation and that is their peoples. There is nothing doing about the real nation and the real peoples.

    God Bless you Bro.

    wassalam

    JMD : Thank you.

  6. iaddada says:

    I’m really dissapointed that the Bar Council has not been objective and professional in these current issues lately. They should remain apolitical. Above all else, they are going against the spirit of our Constitution, of justice and fairness. truly dissapointing!

  7. Messra says:

    Salam Tuan,

    Good article. This guy really worth nothing. He just trying to champion his own agenda. Tun Mahathir has valid reasons in sacking those judges. Why must government paying them ? Better give the money to all other judges that still in service ( increment ). Useless

  8. shaydflin says:

    bro,

    My mind says the same thing about this man as many other think.

    Kind of gedeber sort of. Can be friendly when at the helm and in worst case enemy to Malays.

  9. idzan ismail says:

    Dear Jebat

    He’s got no shame. Morally he should resign when the government didn’t follow through his proposed apology to the Judges. So he sheepishly start runnig “pizza-like”‘ delivery to the judges. He’s so bankrupt of new ideas that he’s had to revisit the past. Where are your reforms Zaid?

  10. MyMalaysiaku says:

    Good post bro.

    MInister Zaid Ibrahim lacks credibility. Like his boss, he is also famous for being Mr Flip and Mrs Flop. The legal system should probably be overhauled, starting with the Minister, then followed by the Bar Council President. Later, lawyers should be encouraged to read, understand and read again. Too many have are prone to the herd mentality.

  11. NAIK SYEH.. says:

    what can you expect from “a person who can talk without using his brain”..

  12. johnabu says:

    lawyers… professional my foot…i won’t bet my ass (oops) i mean my money on them. this zaid guy is just all talk talk and walk walk but he doesn’t even know what he talk or how he walk….what a waste. a corrupt is always a corrupt. with money & power i just can’t imagine what he will be up to next. may Allah protects this country and her people from such arrogance.

  13. klonetrooper says:

    JMD,

    “Stupid and kalut” are the best words to describe him. Enough said !

    p/s – What are your views on Permatang Pauh? I’m more keen to see Pak Lah’s strategy (if he has one). Attention is on Anwar but I’d say attention should be primarily be on Pak Lah as this by-election is in his home state (next to his Kepala Batas forte).

    It should be interesting to see how malays voting trend as the last PRU they have voted the opposition. With DAP state govt stand on NEP, PAS dissatisfaction with PKR etc, there’s so many interesting things to watch! Macam wrestlemania pulak! haha!

    Rgds,

    JMD : Pak Lah should lead the elections. At least he could gain some dignity by appearing to be working hard to win one more parliamentary seat for his already ‘strong’ 140 MPs in BN. Since DSAI is predicted to win in Permatang Pauh, a mere decrease in PKR’s majority from the recent general election could prove to be vital in boosting the morale of BN and dissuading any party hoppers.

  14. bung hussein says:

    Zaid will be the Minister who will jump over to PR. Even Anwar forgot that this guy got a free ride.

    But then again, a kaki botol and a kaki liwat make a good party.

  15. Herotamil says:

    Duhhh…!!

    The Bar Council??
    hahahahahahahaha…they are a bunch of jokers…
    Did u know that last May, their website did open up a poll
    on who should NOT sit in the JAC “Judicial Appointment Commission
    and the respond caugth them off guard.
    THE PRESIDENT/Representative of the Bar got the highest vote.
    and what happened?? they took out the poll from their list!!!
    I managed to screen shot it.

    http://forum.mykmu.net/modules.php?name=Forums&file=viewtopic&t=17436&postdays=0&postorder=asc&start=30

    JMD : If we assume that most of the visitors in http://www.malaysianbar.org are lawyers by profession, then that poll results really would upset their president. Can I safely deduce that all this while the press statement by Ambiga was made unilaterally? Wallahualam.

  16. MyMalaysiaku says:

    The Bar Council is council of drunkards hell bent to make sure that only their opinion counts. The Bar has now sunked to its lowest since Ambiga became the “Bar”tender. If the Bar Council had any credibility, they would’ve allowed their own polls to continue. Then again, knowing how the Internet works, it was also foolish of them to have the polls in the first place. Fools. This only goes to show what a bunch of drunkards they are, calling themselves nobles, defending what is true and right. The truth is that they’re a bunch of losers with herd mentality. All that reading has done no good. Its about time, the real good minded lawyers (if there are any) to claim back the Bar from these idiots!

    JMD : I think there are lawyers out there who are quite sick with the antics of those in power within the Bar Council. Only time will tell.

  17. JMD,
    Further to my comment about the the “troubling” matter, isn’t that subtle persuasion ala Anwar tactics, to create an impression of partiality and covert investigation methods of the police, thereby creating a doubt. As a lawyer and a president of the bar council no less, she should know that the medical report could be a primary defence for Anwar so why worry about the police if they had taken the matter seriously or not. Its veracity and interpretation will be argued in court.What is so “troubling”? Here we see her true intention ie to create a doubt in the minds of public opinion.

    With today’s headliners have a great day.

  18. roro mendut says:

    I was a lawyer….few years back…and I can tell you this. The bar council are bunch of arrogant drunkard who never actually help lawyers to upgrade the dignity of lawyers and the law. They only organize some parties to socialize and have a good time. I remember one senior lawyer offered me a drink…I said I dont drink…and he asked me with astonishment…why? whats the matter? is there something wrong? are u not feeling well?…. as if he’d never heard of a muslim before in his life..

    JMD : Thank you for commenting. I rarely have lawyers reading this blog. From now on I have to be more careful in supplying relevant laws to strengthen or rebut any issues! :)

  19. Is there sincerety in the current scenario? Some actions are being taken in a very-very effective manner (i.e. the perdana maintenance bill), but some other cases are being left behind…

    Anyway, selamat menyambut bulan merdeka dan diikuti dengan bulan puasa…

    http://hishamjabar.blogspot.com/2008/08/satria-dan-serikandi-negara.html

    JMD : Terima kasih. Selamat menyambut hari kebangsaan.

  20. eddy says:

    Bro, I think this is indeed one of your best write up to date. Zaid’s days as de facto law minister is numbered. Nobody in the Cabinet save for Abdullah listens to him and even his UMNO kins says that he is a useless good for nothing liberal minded buffoon. He has done more to further the agenda of Pakatan Rakyat and the opposition Bar Council than any member of UMNO before or since his time.

    Since coming into the cabinet by way of the back door, Zaid’s only achievement thus far is being super office boy to deliver some “wang ehsan to Tun Salleh and his band of sacked and unsacked brother judges. This “wang ehsan” is incidentally our money(tax payer’s money) which he has no right under any law to give. What kind of stupid fool minister would give away our money to the judges which were not even sacked. Zaid should just sack himself.

    As for Zaid’s good friend, Ambiga I would suggest that she just resign from the Bar Council and join one of the Pakatan Rakyat parties or any Human Rights NGOs that she chooses. She seemed to have a passion for organising dangerous and sensitive public forums on matters like Malay special rights, religion conversion and the like. Also, like you rightly observed about Ian Chin’s statement on Tun Mahathir, Ambiga nor Zaid did not lift a finger on Ian Chin who has obviously abused his judicial position. Yes, even Dr Mahathir’s fiercest critic Mr Karpal Singh said that Ian Chin was out of order and something should be done by the powers that be. So much for Zaid and Ambiga.

    Anyway Bro, Keep up your good work and Selamat Menyambut Merdeka, Malaysia Makin Gemilang.

    JMD : Even when Zaid said that the ex gratia money was given with sincerity, the act of calling the media just for the sake of showing him giving the money to the judges was so unnecessary and smacked with bravado. Haven’t they heard of bank to bank money transfers? Nonsense.

    Selamat Hari Merdeka and thank you.

  21. jeff says:

    salam JMD

    senario politik tanahair kita terlalu ‘membingungkan’. just my opinion anyway.

    btw, there is a matter i would like to ask to you. can i have your email? or perhaps you can drop by at my blog to send me an email?

    TQ, salam ramdhan & salam merdeka.
    Jeff

  22. JMD,

    Our beloved TunMM had mentioned that the pensions of the affected judges were not denied. If this is so those judges, by accepting the ‘wang ehsan’, implies two things-1) The ‘wang ehsan’ must have been substantial
    2) The judges have shown that they truly lack integrity, are greedy and selfish instead of being selfless. No need to elaborate, one can come to a similar conclusion with a little bit of observation.

    Point to note-all this would have not have been moot if not for this totally unbecoming and unnecessary generosity on the part of Zaid.

    Have a great weekend

    JMD : In any other cases, if a judge or a public servant was dismissed or to a more severe extent, be sent to jail, their pensions are forfeited. For instance, TS Rahim Noor could not withdraw his pension because he was jailed for 2 months and was sacked from his job (replaced by TS Norian Mai).

    The fact that the sacked judges could still receive their pensions even when the law denies it shows that TDM had been empathetic and considerate.

    Thank you and have a great weekend too.

  23. MyMalaysiaku says:

    Bro,

    Don’t you think that the celebrations for the 51st Merdeka is rather mute? Normally we’ll see and hear about August being the Merdeka month and yet with 3 weeks to go, it has been quite quiet. Has Pak Lah and his band of merry Minister’s forgot? But I can’t help but not to feel any blame for them. Just look at the mess their in.

    JMD : All this because the citizens generally do not feel proud of the nation because probably there is nothing to be proud of anymore? Find the source of this gloom (politically, socially and economically), eradicate them and perhaps we can again feel proud and dignified again.

  24. msleepyhead says:

    JMD,

    Just want to comment on the Special Rights. I still don’t get it. It is saying the Malays and their leaders are weak. Without it, the country will be taken over by the non-Malays (which includes the Iban and Kadazan). And if the political and judicial power is not in the hands of the Malays, these rights will be trampled?

    And you believe that all men are born unequal? That goes to say that the Almighty created some people weaker than the rest – physically or intellectually, hence they can’t work harder or learn to be smarter, due to their inherent limitations set by the Almighty.

    Therefore, we need special rights for this people. For without it, despite being greater in number, their inborn limitations will forever render them unable to compete on equal footing.

    You only need to defend something when it is under attack. And from what I can see, the only ‘attack’ against these special rights is that the nons are somehow more ‘able’ economically, intellectually, physically, etc due to whatever reasons, only the Almighty knows for he has decided to endow them with greater abilities. But then didn’t we all come from the same stock, from Adam and Eve.

    It will soon be 500 years since the Portuguese invasion, and looks like the Malays are still continuously under attack. Yup, it’s always the foreign people isn’t it?

    JMD : Your comment will be replied in my next article. Thank you.

  25. zorro1404 says:

    I’m new in your blog. It is always good to have other side of view. What I can say that your write up is the second best beside chedet blog. Beside chedet blog as my favourite blog (which is a must for me to read), I already add your blog as my second opinion. Hope you chedet blog shall inspire you to be as good writer as our beloved TDM. Keep it up bro…

    P/s Pls comment on the permatang pauh election and UMNO grassroot election.

    JMD : Thank you for visiting this blog. You give me too much honor which I do not deserve. Thank you again.

  26. Khoja Nadim says:

    I read abt YB Kulim MP congratulating Zaid for warning the Bar Council on tomorrow’s forum. Zaid of all people?

    Frankly, I think this Bar Council gang is too much. Masquerading behind legal technicalities, putting racial harmony and religious tolerance at stake; championing whose interests?

    Btw, what abt the Matthias Chang’s challenge?

    Your thoughts Sir?

    JMD : Prior to Zaid’s pronouncement, many other Malay leaders had voiced their dissatisfaction. But it was a good call by Zaid nevertheless. Even the lawyers from PKR are lambasting them.

    And which challenge are you referring to?

    Thanks.

  27. [...] It is currently known as the Bar Council and is hoping to push forward the proposed debate on religious conversion despite objections by many. Though it is a professional body, it acts like most political parties, ie, it chooses to ignore certain issues related to it or its members such as Judge Ian Chin’s behaviour and the ….  [...]

  28. [...] regular commentator of my blog wrote me a comment in my previous article which I had replied in the form of a brief history coupled with my own opinion on the [...]

  29. MANTAN says:

    hai bro!

    i started to love your blog. about zahid… he didn’t win any position in his bahagian yet huh? orang kelantan rejected him last election but pak lah took him in cabinet and make our life kelam kabut…. apa raaa…

  30. Isaac says:

    You guys are perverted and brainless. Jebat must die..must die. Holier than thou! Poorah…

    JMD : Thank you for visiting this blog. Is that all you can argue? This is not Malaysia Today okay.. :) Please substantiate your comment with a few reasons on why all of us here are perverted and brainless. Take care.

  31. sully says:

    Dont know what going on in Zaid mind.Either he is an idiot or with no sense of belonging to his own kind.Does he realise that the malays are still lacking in all areas compare to other races in Malaysia.Instead of being popular to the opposition he should be helping the majority of the malays to upgrade their well beings and to ensure the malay dominance so that malays wlll never be slaves in their own country.Malaysia is not ready to practice total democracy as other races taking advantage of a weak goverment.The number of malays living below poverty level are much higher than any other races.Does Zaid aware of this, I dont think so.There are some people believe that if black American{minotrity) nominated as President why not in Malaysia.In America unlike in Malaysia the American speak one language,attend to one kind of shool and they practice one culture.You think all malaysians can do that? abandon the chinese and tamil schools.

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