No party should be blamed for faux pas as both govt and Opposition have flaws, says professor

PETALING JAYA: It is incumbent on legal advisers of political parties to inform party leaders about the importance of the rule of law and upholding the doctrine of separation of powers to ensure the country is always on the right track.

National Council of Professors senior fellow Dr Jeniri Amir, who said this, added fingers should not be pointed at any particular party for a faux pas because both the government and the Opposition have their flaws.

He said such actions, no matter which side of the divide one is on, give a negative impression of the country.

“The doctrine of ‘separation of powers’ must be strictly adhered to, especially by members of Parliament (MP) as they are members of the legislature. No one side of the divide has the right to criticise any judgment made by the courts. They must abide by it.”

Jeniri said the executive must not interfere with the judiciary as it could be seen as an attack on the independence of the courts.

“If MP are critical of a court judgment, it can send a wrong signal to the public, other nations and foreign investors.

“The Opposition also has a role to play and it should do everything possible to uphold the independence of the judiciary and not make any attempt to criticise the courts or add fuel to fire when a faux pas occurs,” he said.

The Malaysian Bar, Advocates Association of Sarawak and the Sabah Law Society said in a joint statement that politicians should refrain from making any comment that could be seen as an attack on the separation of powers principle.

They said this principle provides checks and balances against one another – the Executive, Legislature, and the Judiciary.

“The fundamental concepts of judicial independence and separation of powers are the basic hallmarks of any functioning democracy. These principles are integral to maintaining the rule of law,” they said.

Nusantara Academy for Strategic Research senior fellow Prof Dr Azmi Hassan said it does not matter if a critic is a politician or otherwise as every person’s perspective of a subject matter may be different.

He said while a critic may have good intentions, it is important to realise that the public may view criticisms differently.

“MP must realise they are part of the legislature, and anything they say that is looked upon as an attack on the judiciary, for example, could be seen as an attempt to pressure it,” he said.

Azmi said any judgment made by the courts should be respected, and there should not be any attempt to interfere with its independence.

“It does not matter who they are, or which party they come from. If they were to say anything critical of the judiciary, it could be seen as the party’s stand.

“Whether a politician agrees or disagrees with a judgment is a personal matter. But the separation of powers between the executive, legislative and the judicial branches of the government should be respected.”

Azmi said an MP can make comments on legal judgments, but not be seen as attacking the courts or the judiciary.

“MPs need to be neutral as they play a critical role in the legislature, especially if they are in the government.

“Anything critical they say could be taken in a negative light by the public.

“Even MPs on the opposition side do not have the right to criticise the judiciary as it may be considered an attempt to pressure the courts before or after presenting a judgment.”

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