Zaid: Thai court has 'teeth', M'sian institutions 'shackled' by design

Summary

• Former law minister Zaid Ibrahim contrasts Thailand’s judiciary with Malaysia’s, saying the former acts decisively while local institutions lack power and political will.

• He says perception management has replaced due process, and enforcement bodies show little resolve in probing those in power.

• Citing institutional decay, Zaid reiterates his call for PM Anwar Ibrahim to step aside pending probes into serious allegations, to preserve public trust.

Former law minister Zaid Ibrahim has drawn comparisons between the suspension of Thai Prime Minister Paetongtarn Shinawatra by the nation’s court and the “shackled” Malaysian judiciary.

In an X post today, Zaid referenced Thailand’s Constitutional Court decision to suspend Paetongtarn from duty pending deliberation of a case involving her controversial leaked phone call with Cambodia’s leader, Hun Sen.

Zaid said that while the constitutional court in Thailand exercises real authority by unseating prime ministers and annulling elections when constitutional breaches are found, Malaysia’s judiciary is hindered by “institutional design and political reticence”.

“(Thailand’s Constitutional Court) has acted - sometimes excessively, sometimes contentiously - but always with teeth.

“Our Federal Court is not empowered to initiate action against the executive unless a matter is properly brought before it.

“The Dewan Negara, or Senate, is largely ceremonial - a chamber of political appointees who rarely question executive conduct, let alone challenge it,” he added.

He also claimed that agencies such as the MACC or the Attorney-General’s Chambers have not demonstrated a resolve to act against those at the top who are suspected of wrongdoing.

“Unfortunately, we have become a nation where perception management replaces truth-seeking, where public relations spin replaces judicial due process. We are told not to speculate, not to insinuate, not to question.

“Institutions cannot operate in a vacuum. They respond to public pressure, public will, and public conscience. Malaysians must now ask ourselves: how much tolerance do we permit for such transgressions?” he added.

He also warned that if the public continues to tolerate the moral and institutional decay by leaders, the right to demand accountability from anyone else could eventually be forfeited.

Step aside temporarily

Zaid reiterated his call for Prime Minister Anwar Ibrahim to temporarily step down.

He insisted that Anwar momentarily stepping away from the prime minister position would allow for transparent probes into his alleged sexual misconduct and claims of political interference in the judiciary and enforcement agencies.

Cautioning that public trust and institutional integrity are at stake, he stressed that his call for Anwar’s resignation is not backed by a belief in the prime minister’s guilt, but the necessity of upholding ethical responsibility.

“In mature democracies, when allegations are serious enough to cast a shadow over the office of the prime minister, the honourable course of action is to step aside, cooperate fully with investigations, and return only when cleared (from accusations).

“That is how credibility is preserved; both personally and institutionally,” Zaid said.

Leave of absence

Previously, the Secretariat to Defend the Judicial System, led by former prime minister Dr Mahathir Mohamad, proposed that Anwar take a leave of absence until his former aide Yusoff Rawther’s sexual assault lawsuit against him is resolved.

The Court of Appeal has since issued an ad interim stay on all proceedings involving Yusoff’s civil suit, after a three-judge panel allowed Anwar’s application to put the lawsuit on hold pending the disposal of the prime minister’s bid to secure a full stay.

Various quarters have also called on the government to amend the Federal Constitution and the Judicial Appointments Commission (JAC) Act 2009 to remove the prime minister from the judicial appointments process.

Under the present system, the prime minister is not bound by the chief justice or the JAC’s advice regarding those shortlisted for judicial appointments.

Instead, the prime minister retains absolute discretion in choosing the names submitted to the Yang di-Pertuan Agong.

MACC chief commissioner Azam Baki’s extended tenure also courted backlash due to allegations of wrongdoing. However, Anwar had defended Azam by labelling the nation’s top graft buster as a “brave” individual.

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