A Kadir Jasin
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AS we all know, the Prime Minister, Mohd Najib Abdul Razak
had send legal notices to Pakatan Rakyat’s Members of Parliament Tony Pua Kiam
Wee of the DAP and Rafizi Ramli of the PKR.
I had not wanted to comment on his action simply because I
find politicians suing each other as infantile. But when the former PM, Tun Dr
Mahathir Mohammad, commented that he never had to resort to legal action
against his critics when he was in power for 22 years, I am compelled to put
things in perspective.
Dr Mahathir said he would simply answer to the people
whenever an issue arose. Damn him or praise him, he is in his own class. It is
simply inappropriate to compare Mohd Najib to Dr Mahathir.
I believe that politicians, especially the elected ones
should use the Parliament and State Legislative Assemblies to sort things out
and to convince the people. They should debate and banter with the people as
judges.
As elected representatives they make laws. They are their
custodians. The courts merely interpret the laws they made. By resorting to the
courts, the politicians are admitting that they can no longer defend themselves
politically. They admit that they have lost the debate and can no longer rely
on their wits and wisdom to survive.
Furthermore, in our country threats of legal actions are an
effective way of shutting up opponents when nothing else works. Many such
actions were abandoned or settled out of court when the threats are over.
Phua Causes PM Stress
On Nov 24, Mohd Najib issued a letter of demand in which he
accused Pua of making defamatory remarks against him on November 3 in relations
to the 1Malaysia Development Bhd (1MDB). The PM alleged that Pua had caused him
“tremendous stress and embarrassment.”
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| Tun Razak Exchange: 1MDB's connerstone project |
Mohd Najib demanded that Petaling Jaya Utara MP publishes a
retraction and apologise within 14 days in two national newspapers or face legal
action for his speech recorded in a November 3 video entitled “Tony Pua: Najib
is creating the biggest scandal ever in the history of Malaysia” in reference
to 1MDB.
Then in early December Mohd Najib sent a similar letter through the same legal firm to Parti Keadilan Rakyat’s vice president and MP for Pandan, Rafizi Ramli, accusing him of making defamatory remarks on the removal of fuel subsidies.
Rafizi in a statement on Dec 4 said he received the letter from law firm Hafarizam Wan & Aisha Mubarak demanding an explanation for his speech “Kenapa Kita Pertahan Subsidi Minyak” (Why We Defend the Fuel Subsidy) on Nov 22.
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| Rafizi welcome PM's legal action |
Young vs Old
When you are a young and upcoming politician like Rafizi, being threatened with a sued by the PM gives you bragging right.
“I am proud to be sued by a prime minister, for defending the rights of the public to receive fuel subsidy of at least 30 sen per litre,” Rafizi said in a statement.
“[This is] amid the situation where the country’s leaders spend public funds nonchalantly in projects that burden the people such as 1MDB,” he added.
Like Mohd
Najib, Rafizi too was educated in the UK. He graduated from the University of
Leeds in Electrical and Electronic Engineering, passed the Institute of Chartered Accountants in England &
Wales (ICAEW) examination and was admitted into the Malaysian Institute of Accountants (MIA)
in 2003 and served Petronas from 2003 to 2009.
Like Mohd
Najib and Rafizi, Phua too studied in the UK. He graduated from Keble College,
Oxford University with a degree in Philosophy, Politics and Economics and served
as a consultant at Andersen Consulting for two years and as business
development manager with Aqua Works and Engineering Sdn Bhd. Altogether he has
more than six years of experience in the information technology and e-business
consulting industry.
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| Phua warned PM on 1MDB |
I would
like to think that Rafizi and Chua are more of a match to the “shooting star”
of Umno and the government, Khairy Jamaluddin, than the PM. For background and
reflection about KJ, read here.
Mohd Najib should be picking up fights with people of his
age and stature. While Rafizi is 34 and Phua is 42, he is 61.
Him taking legal action against Phua and Rafizi reminded me
of Anwar Ibrahim making a police report over the Ummi Hafilda letter back in
1997. The letter was considered a “surat layang” and a “fitnah” until Anwar, on
the advice of his lawyers, made a police report. Overnight what was considered
by many, including Dr Mahathir, as a “fitnah” became a legal document that
eventually resulted in Anwar’s downfall.
Similarly, Mohd Najib’s legal action against Phua and Rafizi
could turn out to be a double-edge sword.
And maybe too that Mohd Najib is giving his own twist to Charles de
Gaulle’s oft-quoted saying “I have come to the conclusion that politics are too
serious a matter to be left to the politicians.”
So he is taking his spat with the young PR leaders away from
the political sphere and into the legal arena. He is joining the crowd of
desperate Malaysian politicians who are using the law to muzzle their
adversaries and, along the way, make some pocket money.
Mohd Najib had also sued the portal Malaysiakini over
readers' comments it published.
If indeed “the ballot is stronger than the bullet” as
Abraham Lincoln had said, then, by the same token, the ballot is stronger than
the lawyers. As an elected leader, the PM would be wiser to trust the voters
than the lawyers.
Wallahuaklam.













