Posted: 10 Oct 2011 11:24 AM PDT
I stand for elections, and the people choose me as their Member of Parliament(MP) - but the Barisan Nasional Malaysian government just does not give me the same rights and privileges as is given to other MPs from the Barisan Nasional political parties - special funds
This is clearly going against the Federal Constitution that guarantees equality - and all MPs are entitled to equal treatment from the government - the Malaysian government. (not the BN, not the Pakatan...) - the Malaysian people's government and these funds we are talking about are the funds of the people not the BN, or the Pakatan.
The preferential treatment accorded to BN MPs is not only 'discriminatory' - but is also against the principles of democracy...
One MP took this matter to the Courts for a judicial determination - and whilst the High Court said it was an important matter that should be heard, our Court of Appeal said otherwise... It would have been much better if the Court of Appeal was hearing the substantive application and made a determination according to the principles of justice - but no, they just decided to avoid 'questioning' or 'reviewing' the practices of the BN government - they did not want to hear the substantive application, and then decide. They just denied permission for the application for judicial review...
We must look at the grounds of decision of the Court of Appeal, but in the interim, I wii comment on what has been reported in the above report.
"MP's contention that the distribution of lawmakers' funds lacked consistency and transparency, were not legally enforceable or reviewable by the judiciary..." - I wonder why since that application was about practices that were discriminatory contrary to the Federal Constitution. Has our judiciary forgotten their role in a democracy - where the Courts is where one goes to challenge what is being done by the government (the executive) which is contrary to law and justice. Check and balance role and duty of the Judiciary. Is there some provision in our constitution or the law that says that we cannot go for judicial review with regard to these allocation of funds - I do not think so...
"...presently no laws that allowed a challenge on the discretionary nature of the fund allocations..." - the question really is whether there is any law that prevents such a challenge, and I do not believe that there is... No one can fathom what challenges can be made to Court, and to insist that there must be some law or other to permit such challenges specifically is just wrong.
What is being prayed for in that judicial review application is also Declarations - and rightfully the court must deal with this question and provide the necessary declaration, whether in favour of Devaraj or not. It is not right to just avoid dealing with Declarations sought by denying leave.
Below is the decision of the High Court Judge that granted leave for a full judicial review, which the Court of Appeal seem to have reversed....
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