Madani Govt Paying The Price For Delayed Reforms
The federal government is a multi-party coalition with differing degrees of commitment to reform but this should not be an excuse for delays.From Nurul Anna Mausar
Two high-profile events this week showed the price of delaying reforms. Neither was fatal to the legacy of the Madani government, but both showed how the administration would have been better served with quick action.
Firstly, the Federal Court ruled that it is unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly.
In delivering the unanimous decision of a five-member panel, former chief justice Tengku Maimun Tuan Mat said Section 9(5) of the Peaceful Assembly Act 2012 imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association.
That’s all well and good, but earlier this year, Prime Minister Anwar Ibrahim said that the government would amend Section 11 of the same Act, which requires organisers of assemblies to obtain the consent of the location’s owner or occupier. The home minister just issued a reminder of this as well.
Honestly, amending both sections could have been done much earlier if the Madani government had a clear roadmap and a sense of urgency over reforms.
Similarly, Tengku Maimun’s retirement took centre stage in a way that might not have occurred if the administration had already pushed through with amendments to the Judicial Appointments Commission Act 2009.
Once again, this was promised and will probably materialise soon, but not soon enough.
Let’s not forget that the government has a comfortable majority and many reforms to get through before its term ends.
They might be especially pertinent given that the government is having to make a lot of tough economic decisions on issues such as the sales and service tax, subsidy rationalisation, and adjustments to electricity tariffs.
But the picture is not all bleak. Reforms have been achieved through the abolition of the mandatory death penalty, the passage of the Parliamentary Services Bill 2025 and Malaysian Media Council Bill 2024, and amendments to the Whistleblower Protection Act 2010.
Other reforms have been promised in the short term, such as term limits for the prime minister and the enactment of laws on urban renewal and freedom of information.
Still others are under review, such as the separation of powers for the attorney-general and public prosecutor – maybe even the full abolition of the death penalty.
We have to acknowledge some political realities: the Madani government is an unwieldy, multi-party coalition with differing degrees of commitment to reform. That’s not an excuse. Just reality.
But there is no excuse for not trying to get it done quickly. - FMT
Nurul Anna Mausar is a law student and an FMT reader.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.
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