The decisions by the Speaker of the Dewan Rakyat to strike out the motion to impeach the Election Commission chief and its commissioners, and to further not entertain any motions pertaining to the recent general election were misguided and based on a skewed understanding of the principles of sub-judice contempt.

Sub-judice

contempt is a species of contempt. It would as such be useful to understand the what, why and when of contempt as whole. The judiciary is one of three pillars of democratic society, providing a necessary check and balance. To do this effectively, the judiciary must not only be independent, but must also be seen to be independent. This phrase has been so often bandied about, that to many of us it has become a clich.

There is however great value in it. It is important to remind ourselves that the judiciary serves the public interest, not only by deciding cases but also by providing the comfort that comes with the knowledge that there is 'someone' to watch over us, to protect us. In order to do this effectively, public confidence in the judiciary must be maintained at the highest level. It is to allow itself to maintain its integrity, and that of its processes, in particular the due administration of justice, with a view to maintaining public confidence that the Federal Constitution has empowered the courts to deal with contemptuous acts.