CONSPIRACY

A ‘conspiracy’ takes place when a group of persons plan to commit an unlawful, illegal or, at the very least, socially unacceptable acts. The essence therefore of a conspiracy is the nature of the act planned. If the association is intended to further a lawful act, there cannot be said to be a conspiracy. To assert otherwise would be nonsense as if so, most legitimate meetings would be conspiracies.

 

Some members of Cabinet have publicly said that the meeting between ex-DPM TS Muhyiddin Yassin and the previous AG, TS Gani Patail is evidence of a conspiracy. Their views are at best, unbelievably naïve. Although it may be correct that the AG should only have met the then DPM with in the presence of the Cabinet, as the subject of the investigation was the PM himself, some measure of discretion would only have been prudent. In fact, if the Cabinet minus the PM were present at the meeting, there would be more weight to the allegation that the meeting was conspiratorial in nature.

 

Needless to say, the PM could not be present at the meeting since he was the subject of the meeting. It is blatant common sense that a person to be accused for a crime should not be invited to a meeting where, presumably the evidence against such person is presented and discussed.

 

Unfortunately, most Cabinet members are under the impression that Malaysians are basically ignorant and do not have minds of their own. Thus, no matter how illogical, Malaysians will accept explanations made by persons in authority. Not only is this assumption false and a disservice to the nation and citizens, it also reflects how far we have to go to develop a functional and mature democracy.

 

DEMOCRACY

Democracy entails far more than the holding of elections.

 

A functioning democracy must also embody the unbiased upholding of the rule of law and the concept of separation of powers. It must also strive to protect the integrity and independence of a nation’s institutions and preserve basic or fundamental individual freedoms.

 

Any absence of these factors undermines a democracy. Prolonged absence causes a democracy to cease to exist, notwithstanding that elections are held and perceived to be free.

 

If implemented well, on the other hand, these democratic ideals guard against the oppression of individuals and abuses of power. Development of a civil and just society is fostered and individual creativity and enterprise thrive. As a result, economic progress flourishes.

 

The rule of law is the fabric which clothes and protects all society, enabling progress in every aspect of human life. The rule of law motivates and aids in overcoming human weaknesses. It provides the impetus for us to resist temptations. Applied as a tool of social and economic engineering, it drives us forward. The rule of law influences our lives and actions every single day.

 

However, abstract acknowledgment of the rule of law is meaningless if the institutions entrusted with upholding the rule of law are not independent and empowered. In such circumstances, the rule of law fails and it sadly becomes a mockery.

 

The concept of separation of powers into the legislative, executive and judiciary, however flawed its practical application has been, is elegant and a tribute to the ingenuity of mankind. Today in most modern democracies, strong legislative powers are granted to the executive branch of government to ensure the smooth running of a nation. Independent institutions have a role to play here too.

 

Our constitution sets out the separation of powers in, among others, Article 4, Article 39, Article 44, Article 113 and Article 121. It is interesting to note that the Yang Dipertuan Agung has a defining role in all three branches of government. Due to such concentration of influence, academicians have long contended that the YDPA is guardian of our democracy.

 

As regards fundamental freedoms, rightly or wrongly the internet has empowered every individual with the freedoms of speech and expression. Technology has provided the individual with the means to express his opinion and no person, regardless of how hard he tries or the power he wields can suppress this freedom. As with all absolutes, there are both negative and positive aspects to this empowerment.

 

Malaysia is a democracy. Nonetheless, we are still developing the role that democratic ideals have in our society and appreciating the intricacies and dangers intrinsic to a democratic system. As with all concepts created by man, democracy is not a perfect system but its attractiveness as a system of government lies in its aspiration to be an inclusive system of government where every individual has rights and a say in determining how he or she wishes to be governed.

 

Two other elements in preserving democracy which are often overlooked are courage and self-sacrifice. Indeed, in many nations, democracy and freedom has only emerged after lives have been lost. Thankfully our journey to democracy has been comparatively peaceful. We should be grateful for this and pray that our journey continues to be peaceful.

 

In preserving democracy we should strive towards strengthening our institutions. To remain democratic, weaknesses in institutions which uphold the rule of law must be identified and addressed.

The independence of these institutions must be protected so that they in turn can protect society.

History has shown that as failures of democracy are often due to failures of individuals, so too have individual acts, performed by a few but supported by many, been the difference between the preservation or decline of a democracy.

 

Lest we forget, in the end we, the ‘Rakyat’ are, all of us, regardless of who we are or what positions we hold, bastions of our nation’s democracy.