The Constitutional Road To Wiping Out Corruption

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Today, the United Nations marks International Anti-Corruption Day.
To my mind, one of the biggest reasons why corruption has taken root in this country has to do with the gradual elimination of non-Muslims from almost every governmental institution over the past four decades or so.
Indeed, the problem can be traced back to the 1980s when the New Economic Policy began to be hijacked by certain elements in the Malay community for personal gain. To facilitate the plunder, these elements sought to eliminate non-Malay Malaysians from key positions in government.
To restore the country’s trajectory, the government must ensure the fair, reasonable and impactful participation of non-Muslims in all public institutions, and a return to meritocracy and ethics, especially in bodies that administer the rule of law.
Chinese and Indians
That means a return of Chinese, Indian and other non-Malay Malaysians to these institutions in reasonable numbers.
There is no doubt that China and India have been the powerhouses of knowledge over several millennia. Today, they remain global leaders in all knowledge-based undertakings.
Malaysia, despite being blessed with a large pool of descendants who originated from these two great countries, many of whom share the same desire for knowledge and passion for hard work, has been left far behind.
As a result, our executive, legislature, judiciary and civil service, once the envy of the Commonwealth, have descended into mediocrity and are tainted by corrupt practices.
It is no coincidence that Singapore has gone the other way.
Despite its lack of natural resources, our closest neighbour has relied on a populace dominated by members of the Chinese and Indian communities, many of whom were born and raised on this side of the Causeway, to create a merit- and ethics-based society that has propelled her into an economic powerhouse.
Today, Singapore continues to benefit from a Malaysian brain drain, with hordes of unwanted Chinese and Indian talent crossing over for a markedly better education, significantly better jobs and greater career advancement prospects.
That is because this country has failed to live up to its Rukun Negara ideals, being extremely frugal on matters that relate to merit and ethics.
Ethics no longer underpins our way of life. Whistleblowers are shunned or fixed up to safeguard syndicated corruption and corrupt practices.
It is time the Madani government reverses this trend and makes use of the talent available among Chinese, Indian and other  Malaysians in a just and fair manner.
Their sheer presence will be a catalyst for growth and knowledge. It will also check corruption and abuse of power.
That is provided they do not indulge themselves in the merry-making and seat-warming activities widely taking place in these institutions at the expense of the public.
Sabah and Sarawak
I am amazed that the Federal Court and the Judicial Appointments Committee currently do not have a single Chinese member in their ranks. Non-Muslims, including those from Sabah and Sarawak, are also in short supply.
In my view, such a situation is technically unconstitutional as it is likely to undermine the administration of justice.
In fact, that is an understatement as, unlike in England, judges in this country are by their oath of office duty-bound to interpret our laws in a manner which preserves, protects and defends the constitution.
To my mind, this can only be properly achieved through the presence of mixed corams in the Federal Court and the Court of Appeal.
Furthermore, constitutional issues that relate to Sabah’s and Sarawak’s status, entitlements and privileges need just and fair consideration. This can only be achieved if these two states, which have large non-Muslim populations, have appropriate representation on the benches of the two top courts.
Mixed appointments
In the same way, it is essential for the subordinate courts and attorney-general’s office to put in place a robust and knowledge-based administration of justice.
The presence of more Sabahans and Sarawakians can achieve this while acting as a check-and-balance to corruption and corrupt practices.
When serving as a judicial commissioner in both these East Malaysian states, I personally witnessed the patriotic culture and Muhibbah spirit among their populace, things that are in short supply in the peninsula these days. Their prowess in both the Malay and English language also impressed me.
Under Article 153 of the Federal Constitution, the government is obliged to ensure just and fair representation in all appointments to governmental positions. This is a constitutional necessity to ensure all governmental agencies support the oaths of office taken by members of the executive and legislature.
Where Malay knowledge lies
I am not saying that there is no knowledge among members of the Malay community. Indeed, I have encountered many office holders who more than justify their appointments.
In my view, however, a sizeable chunk of this bank of knowledge is found in our universities and institutions of higher learning.
These members of the academia should be roped in as ad hoc auditors in their respective fields of expertise to ensure the presence of meritocracy and ethics in all relevant government institutions and undertakings.
They should also act as whistleblowers to ensure that corruption and corrupt practices are eliminated.
In my view the talent present in academia is being grossly underutilised. A formula must be arrived at to allow for the use of their skills and knowledge in both the public and private sectors as well as to clear the backlog in our legal system.
There is no shortage of postgraduate scholars in university as well as private practice holding expertise in specific areas of the law. They should be roped in to sit as assessors in their field of expertise in cases at all levels of the judiciary.
The recommendations I have put forward are institutional reforms which would require legislative amendments to the laws of the country. Our rulers can under Article 38 direct the government to move on them.
I must say that a large part of my life has been inspired by the Tamil song “Thoongathey Thambi Thoongathey” (Sleep not, little brother, sleep not) from the 1958 movie “Nadodi Mannan” starring the late, great actor MG Ramachandran, better known as MGR.
This inspirational song, which I recommend to all Malaysians, contains a strong message to all brothers (and sisters) not to sleep on their private and public duties as it will slow down the progress of the nation and eventually destroy it.
Perhaps someone should have it translated into Bahasa Melayu and sung here repeatedly. - FMT
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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