Surely this is a joke! High Court judgments issued are overruled and reversed within days by the appellate courts. This does not inspire confidence at all, among the High Court judges themselves and Malaysians at large. What more in the eyes of the world including foreign investors???
NOV 24 — One wonders about the Malaysian court system and the judgments that are issued and reversed within days.
Today is no exception. The Court of Appeals today unanimously ruled to stay Judge Datuk Alizatul Khair Osman Khairuddin’s decision that the Kota Siputeh seat is vacant. She isn’t the first High Court judge to see a ruling reversed by a higher court.
Justice Abdul Aziz Abd Rahim ruled last May that a Mentri Besar can only be dismissed by a vote of no confidence when reinstating Datuk Seri Nizar Jamaluddin as the rightful Perak mentri besar over Pangkor assemblyman Datuk Seri Zambry Abd Kadir. His decision was overruled too.
It goes to show one thing. We must have incompetent or inexperienced High Court judges because they keep getting overruled by the appellate courts in all cases between Pakatan Rakyat and the ruling federal government, Barisan Nasional. What else can it mean?
It surely cannot mean that the High Court judges are better than their fellow judges in the superior courts. The Malaysian Court of Appeals counts among itself the most experienced of judges. They should know the law better than the subordinate courts and it is their wisdom that appears needed when High Court judgments appear to go against the powers-that-be.
One can only hope the Judicial Appointments Commission (JAC) under Chief Justice Tan Sri Zaki Azmi will look into this matter seriously as the courts system needs judges who know the law and decide accordingly. Having any judgment reversed within the matter of a day does not inspire confidence in the judiciary.
Bodies like the Election Commission and the civil service need to know that their decisions are backed by a judiciary because after all, government knows best, notwithstanding what Datuk Seri Najib Tun Razak said when he took office as prime minister last April 3.
What matters is that 1 Malaysia must thrive and judges who follow the law and respect the separation of powers must know that it is a fallacy and against the very concept of 1 Malaysia, People First, Performance Now.
At least the Court of Appeals judges are performing now, delivering justice instantly without any delays especially for such an important case. And for that matter the Federal Court too shall perform to ensure 1 Malaysia is a success.
High Court judges must know that by now and not deliver any more suspect judgments that can be overturned in a flash. They should know their place in society. Their brother judges in the higher courts know that already.