Beyond the Najib saga: Malaysia's deeper crisis of justice and poverty

Communications Minister Fahmi Fadzil recently announced that the government was not privy to the attorney general’s decision to apply for a gag order on the hot issue of the “addendum” to the Pardons Board reduction of Najib Razak’s sentence.

Now, this is interesting: after almost a year of vague and evasive replies, the government has finally admitted that such an addendum exists after all.  

The specific contents of the addendum remain under wraps. But various purported accounts from those who claim to have seen it suggest it provides for “house arrest”.

This addendum – purportedly allowing for home detention – seems like an afterthought. Apparently, it was not brought up at the actual Pardons Board meeting.

It is like extra icing on the cake, considering that Najib’s sentence of 12 years’ imprisonment and RM210m fine has been slashed to six years and RM50m.

Najib will no doubt wish to enjoy all the creature comforts of home while serving his sentence. But is he deserving of such a generous concession?

Najib’s lawyers, opposition parties and NGOs have protested against the bid for a gag order. They argue that this issue is already in the public domain and should not be hushed up.

Opposition parties see the gag order bid as an attempt by the government to suppress the issue, perhaps to spare it further embarrassment. The opposition parties had earlier accused the government of deliberately hiding the addendum.

In response, Prime Minister Anwar Ibrahim said the administration had never tried to conceal the matter and that the addendum had been sent directly to the attorney general.

Some have called for the PM to apologise for his lack of transparency in handling this matter.

Others have called for the Pardons Board meeting minutes to be declassified. This would clear the air and allow accountability to prevail over confidentiality.

To uphold free speech and transparency, a gag order should not be used to suppress information. Indeed, there are many valid reasons for opposing the gag order.

Whether or not a gag order is granted, this issue has received way way too much attention often at the expense of other more pressing issues.

Lest we forget, Najib is a convicted prisoner who had his day in court. His trial went through three levels of court: the High Court, the Court of Appeal and the Federal Court. Throughout this time, his defence team had many opportunities to prove his innocence but failed.

The High Court judge’s verdict that Najib was guilty was duly affirmed by the Court of Appeal and the Federal Court. As they say, “You do the crime, you do the time!”

Malaysia is blessed to have as head of the judiciary Chief Justice Tengku Maimun Tuan Mat. Without fear or favour, she has tried her best to keep the judiciary independent and fair. In one of her last official speeches, the outgoing chief justice reminded judges to decide cases justly, fairly and objectively.

Tellingly, she also reminded Anwar of what he said in Parliament in 2009, when he was opposition leader, during the debate over the setting up of the Judicial Appointments Commission (JAC). In Parliament’s Hansard record, Anwar was quoted as saying that the commission has to be truly independent and should not indulge in “window dressing”.

The JAC was proposed in response to the infamous “Lingam tapes”, which exposed how judicial appointments could be ‘arranged’ and how court cases could be “kau tim” (‘settled’).

Tengku Maimun expressed confidence that Anwar will hold on to the principles he proposed then – that judicial appointments have to be carried out fairly and objectively.

Given that Anwar is now the PM, he has the wherewithal to strengthen and enhance the independence of the JAC.

The concept of the separation of powers of the three arms of government – the executive, legislature and judiciary – is paramount in promoting good governance.

Since the 1988 judicial crisis, the executive branch has faced accusations of judicial interference. Back then, the then Lord President and several other top judges were sacked or suspended. The title of “lord president” was then changed to “chief justice”.

Malaysia has had a tough time trying to live down this perception of a less-than-independent judiciary since that crisis.

Hence, Tengku Maimun’s attributes of integrity, an independent spirit, sense of justice and strong moral fibre have been much needed.

Another serious problem is that in Malaysia, the attorney general reports to the PM.

Over the years, various prime ministers have maintained the attorney general is independent. They insist the PM does not interfere or attempt to influence the attorney general’s decisions.

But perceptions do not easily go away. Take the Attorney General’s Chambers’ move in 2023 to halt Zahid Hamidi’s ongoing Yayasan Akalbudi case. This was perceived by many as a compromise to win the support of Umno in the current “unity government”.

Before the 2022 general election and his subsequent appointment as Deputy PM, Zahid had been slapped with 47 corruption charges. This comprised 12 counts of criminal breach of trust involving RM31m, 27 counts of money laundering and eight bribery charges involving RM21m.

The Bar Council tried to challenge Zahid’s discharge not amounting to an acquittal in the High Court but was unsuccessful.

Several other cases involving high-profile politicians have cropped up.

The DAP’s Lim Guan Eng was granted a full acquittal in his corruption case in September 2018. The trial had proceeded for some time when the Attorney General’s Chambers applied for a discharge not amounting to an acquittal, as it did not wish to continue.

The court decided to grant a full acquittal. At that time, Lim was finance minister.

Perceptions, perceptions.

Rosmah Mansor, Najib’s wife, also had her charges of money laundering and tax evasion dropped in December 2024. She had applied for an acquittal on the grounds that the charges were defective and failed to disclose the essential elements of the alleged offences.

Umno is an important component in the current unity government, and Najib is still influential in Umno.

Perceptions, perceptions.

In June 2020, the chambers withdrew money laundering and corruption charges proffered against Musa Aman, the former Sabah chief minister and current Sabah Governor.

This withdrawal of charges happened when Mahiaddin Yasin was the PM, after having taken over from Dr Mahathir Mohamad. Mahiaddin needed the support of Sabah Umno and Musa was an influential personality.

Perceptions, perceptions.

In all these cases, the individuals charged may have been truly innocent of the charges brought against them. But as the attorney general is appointed by the king on the advice of the PM – and effectively reports to the latter – the perception of a lack of independence is strong.

This perception can be resolved if the attorney general and public prosecutor roles are clearly separated.

The minister responsible for law and institutional reform, Azalina Othman Said, has informed Parliament that her ministry is working on this issue but requires more time as it may involve amending the Federal Constitution. Critics wonder if there is sufficient political will to make this happen.

Whatever, the prosecution should be free to evaluate cases independently, without having to report to the executive branch of government.

People with power and influence ought to use what they have judiciously. Abuse of power for self-aggrandisement, personal gain and advantage is unacceptable.

As such, fully independent prosecutors must have a free hand to investigate and charge all offenders without fear or favour, free from any undue influences.

In our last newsletter, Francis Loh said that under Anwar’s watch, Malaysia economy has improved considerably. The ringgit has recently strengthened against the US dollar and several other major currencies. The economy has grown by 4-5% in every quarter of 2024. Exports remain strong.

But do these growth figures translate into better living conditions for the bottom 80% of the population? Sadly, no. Income and wealth distribution is skewed: a minority are getting richer while the rest struggle with low wages and salaries.

From 1 February, the minimum wage will rise from RM1,500 to RM1,700. But employers with fewer than five employees are allowed to continue paying RM1,500 until August 2025.

With the cost of living rising, it is difficult for a small family to survive on the income of a single breadwinner.

Yes, most people in Malaysia are better off than those in less developed countries. But let’s not be deluded into thinking Malaysia has wiped out hardcore poverty.

The Kechara Soup Kitchen in Penang provides 135 packs of free meals to vulnerable recipients. Its feeding programme also distributes meals to over 35 street people around the Komtar area.

The Lighthouse, a community service centre under the Catholic Church in Penang, provides about 120 meals daily to the poor on weekdays.

Similarly, other centres in major Malaysian cities provide basic aid to the marginalised.

Apart from the homeless and the destitute, many low-income families have fallen into debt and are struggling to make ends meet. Many cannot even dream of owning a home.

Consider the lorry attendant who was caught for stealing bananas. Did he do it out of desperation? What was his economic status?

Stealing is a crime, and the courts did not hesitate to sentence him to three months’ imprisonment upon conviction.

Comparing the banana theft case with Najib’s RM42m theft reveals a glaring contrast in the treatment of the culprits.

Politicians should focus on solving bread-and-butter issues and lightening the people’s burdens – instead of organising demonstrations to request for a ‘house arrest’ or full pardon for a convicted felon who has stolen millions.

Dr Jeyakumar Devaraj points out that between 1970 and 2020, Malaysia’s gross domestic product (GDP) jumped 24-fold in real terms. But the median worker’s wage only doubled.

Government revenue has also dropped from 30% of GDP in the 1980s to only 15% now. This simply means the government has less to spend on providing essential services like healthcare and education.

To remain competitive, many governments lower taxes to attract foreign investment. Such competition promotes a race to the bottom – which benefits companies at the expense of ordinary people.

Prime Minister Anwar, in his capacity as chair of Asean, is in a strong position to push for cooperation and agreement among member countries. Economic experts from each country should work together to devise a strategic plan to raise taxes without losing investments. Leaders must have the political will to make this happen.

Malaysia is blessed in so many ways, and its people enjoy peace and harmony.

Sadly, though we have several politicians who play the race-and-religion game, their antics deepening the rifts in society. They should instead promote diversity as a strength and showcase the value of inclusivity in building a united Malaysia for all.

The focus should be on enhancing economic justice, reducing inequality and providing better education and public healthcare for all in Malaysia.

Henry LohCo-editor, Aliran newsletter21 January 2025