Ex-Gratia

Below an excerpt from Utusan Malaysia dated 18/04/2008 (read full report):-

 

“Berucap pada makan malam Majlis Peguam Malaysia di sini yang dihadiri oleh lebih 500 peguam, beliau turut mengumumkan langkah kerajaan menyemak terma perkhidmatan dan gaji hakim-hakim serta bayaran ex-gratia sebagai penghargaan kepada enam hakim yang terbabit dalam krisis badan kehakiman pada 1988.

 

Perdana Menteri menjelaskan, bayaran ex-gratia itu akan diberikan kepada bekas Ketua Hakim Negara, Tun Mohd. Salleh Abas dan bekas Hakim Mahkamah Agung, Datuk George Seah dan Tan Sri Wan Suleiman Pawanteh yang dipecat daripada jawatan, 20 tahun lalu.”

 

Comment:

Instead of making a public apology the government agrees to pay ex-gratia payment to the judges involved in the 1988 judicial crisis in the sum unknown to the Rakyat. The sum which I believe is quite hefty is hoped by the government to commensurate the judges’ endure.

 

Is such payment is a wise move?

 

To give them money as compensation may not be a wise move. They are already well off. I believe that none of them was made a pauper due to the judicial crisis. If ex-gratia payment is to be the trend of the day then perhaps those who had been wronged by the draconian laws of this country (ISA) should also expect the same. But if everybody wants to claim from the government then when will it end? Is this the best way to redress to the late judicial crisis by paying ex-gratia using the Rakyat’s money?

 

On a political basis, the move, including the judges’ remuneration review, can be considered as a truce offered by the executive branch of the government to the judiciary. This gesture of good faith can be seen as an effort of the government to help usher the much awaited judicial reform. However on the darker side of the coin, it also can be seen as a political strategy, an act of building an ‘alliance’ with the judiciary for future unknown purposes. Ntah la…

 

p/s: To my friends in the judiciary, gaji korang naik ke tak? ke judges je yang naik gaji?

 

21/04/2008

In the latest report from Agenda Daily, Tun Dr Mahathir criticizes the ex gratia payment made by the government to the ex-judges. The Tun opined that such payment should have not been made since the removal of the judges from the bench was conducted in accordance with the law, unless it can be proven otherwise. (Read link)

 

Comment:

Being a ‘mantan’ Prime Minister, such reaction and reply from the Tun is quite expected. The ex-gratia payment can be seen, politically and logically, as an indirect backlash against the fiery comments made the Tun with regards to the current Malaysian governments and the persons at its top echelon. Though always sidelined by the top dogs, the comments do cause a serious stir within the ranks of UMNO member all the way from grass root level to the top.

 

Being considered as dangerous, the government needs to do something so that the Tun’s influence can be limited if not quashed. In order to do that, the Tun’s reputation needs to be tarnished thus the resurrection of a 20 year old issue known as the 1988 judicial crisis.

 

During the 1988 judicial crisis I myself was only 9 years old at that time. Personally I only have scant knowledge about the matter. I am sure that most Malaysians have forgotten at all or a bit about that issue, even senior UMNO die-hards cannot reiterate its full story. The best reference I can find with regards to the issue is a book authored by Tun Salleh Abas entitled the Mayday for Justice. I have read it once but I am unable to form any just opinion on that issue unless I am given the opportunity to hear from the other side of the story, preferably from Tun Dr Mahathir himself. Perhaps the Tun can enlighten us Malaysians your side of the story.

 

Until then, we can sit back and continue to watch the ‘amusing and interesting’ Malaysian political scenario.

 

07/06/2008 Tun finally reveals him side of the story. So, it’s up for Malaysians to read, think and understand the events that transpired. (Read Tun’s reply here: The Tun Salleh Abbas Saga)