Discussion about this post

User's avatar
Gopl Raj Kumar's avatar

Sedition-"conduct or speech inciting people to rebel against the authority of a state or monarch".

It is noteworthy that Ambga Srinivasan a self proclaimed constitutional expert should come out swinging, cloaked in the garb of a human rights lawyer this time, to protest the use of the sedition act to attack a political opponent.

The irony of such comments by Ambiga referred to in this article I am sure is not lost on any intelligent and independent minded observer of Malaysian politics.

Ambiga is on the record for having of her own admission in her activities as head of Bersih, admitting to having committed the offence of sedition by definition.

The offense of seeking to, inciting by speech, words and actions and agitating to overthrow the government of his majesty the King of Malaysia through Bersih's riots is sedition. In fact extends further to treason. By getting rid of the legislation, Anwar or anyone else cannot remove the fact it is an offence to do those things the current Act of sedition identifies and defines as sedition.

To abolish the legislation on sedition altogether does is to legitimise the unlawful overthrow of the Agong and the Raja Raja Melayu and their governments.

There are the conventions of the constitution and the common law that support the theory and principle of law that, attempts and incitement to overthrow governments is unlawful and seditious. Has anyone ever actually give a thought to what the rule of law and equality before the law means?

To charge Sanusi for the offence of Sedition, using a poorly defined and drafted piece of legislation (revised in 1969) which has its genesis in a totally different era of Malaysian politics in 1948 during the communist insurgency and the birth of Malay Nationalism is an absurdity.

It is not just folly to do so but dammned downright reinforcement and an indictment on Malaysia's legal fraternity, its governments (advised by them) and the courts misunderstanding if not ignorance of how the constitution and the law operates or is required to operate.

As if the embarassment of jailing a sitting member of parliament in DS Najib without due process was not enough discomfiture, the courts in Malaysia now seek to buttress their reputation as idiots by charging Sanusi ofr Sedition; or

as Michael Bassey Johnson put it : “You'll make a bundle of blunders if you consider yourself too clever to look at anothers work.”

Inconsistency in the application of laws is dangerous and should not be followed by any validly constituted court or tribunal. For it creates a precedent by which other courts and tribunals, and subsequent governments and defendants will rely on the inconcistent application of this example when defending a charge of sedition as a valid defense.

To charge Sanusi for under Sedition laws dilutes the validity and the power of the law and further erode the integrity of the Parliament that makes these laws.

Once again I am reminded of Ambiga Srinivasan and Tommy Thomas's irredeemable performances in acts of sedition.

If the laws of sedition could not or would not be equally applied to Ambiga and Thomas, then how could it be applied fairrly to Sanusi? Where lies the exception in the constitution or in the criminal code to justify charging Sanusi on the offence of sedition whilst allowing Ambiga, Thomas and various members of the Malaysian Bar to go Scot free for committing similar offences.

All that these charges against Sanusi and people like him do is it to make a martyr of him and embolden the growing Malay Muslim constituency of PAS.

The truth is no government will ever dare or be foolish enough to legislate to legitimize a threat to overthrow it in office especially if that is through illegal undemocratic means by abilishing the sedition act.

Perhaps Malaysia with the quality of its legal and judicial fraternity may be an exception to this presumption.

Expand full comment
Chng kook seng's avatar

Even US has its Patriots Act, snaked in a few months past 9/11. It also has Operations Vigilante Eagle designed to bring in veterans who object to the government’s unethical conduct of wars. In the Patriots Act there is the all encompassing charge of Treason against the US. So Malaysia is not alone

Expand full comment
10 more comments...

No posts