20 years on: the encroachment that plagued malaysia

“It is a blow to read that a recent World Bank survey on resolution of commercial disputes ranked Malaysia poorly, 63rd amongst 178 countries. Hong Kong is placed first and Singapore ranks fourth. Ironically, both inherited the British legal system like Malaysia. ”
-Wong Chun Wai
.
For the moment:
Team Leader-George Lopez
.
*It’s not a fantastic article nor is he a favourable columnist of mine, but he did make a brilliant observation.
.

Do you know why the Judiciary of Malaysia is under such scrutiny today?
.
Especially if you’re a Malaysian, do not read if you’re not open-minded. Apparently it is fashionable to be nowadays, but in truth most who claim, are not. I suppose that’s part of fashion.
.
In the 18th century, French Enlightenment political thinker Montesquieu introduced the doctrine/notion of Separation of Powers. Each government basically has 3 arms or instruments. The Legislators which are your Members of Parliament whom you as citizens elect and represent you to make the laws of your country, the Executive which are the Legislators or MP’s who are also your Ministers, who also dictates the direction and policies of the country and the Judiciary, the people who apply the law, not make or change it.
.
SOP sets out to say that in order for an efficient system to run, the people who make the law and make decisions can’t at the same time apply the law. (Similar to companies who delegate their research and survey to another organization.) Therefore, the Judiciary (the Courts, the Judges) must be separated from the Executive and the Legislators. You shouldn’t step in that territory, vice versa.
.
This is to avoid an abuse of power and ensure a fair and just system for all. Not a selected group of citizens.
.
Do you know why the Judiciary of Malaysia is under such scrutiny today?
.
Which has resulted local and foreign investors to pump their money outside of Malaysia and that affects the economy, my income and yours?
.
There are various factors, but one of the few significant ones is because in 1988, this one guy (I think his name is Mahathir) decided to manipulate the law and made sure he fired the Chief Justice of Malaysia.
.
While he may have sacked one man and denied him of his pension money, but such form of intimidation by the Executive towards the Judiciary, goes a very very long way.
.
It’s 2007 now.