In the New Sunday Times of April 19, 2009 there appears this astonishing remark (because it is erroneous in law) which was attributed to a Minister in the Prime Minister’s Department:

KUALA KANGSAR: Minister in the Prime Minister’s Department Datuk Seri Mohammed Nazri Abdul Aziz has hit out at Perak DAP chairman Datuk Ngeh Koo Ham for questioning a Federal Court ruling pertaining to Perak.

He said Ngeh should not question the court’s decision that Perak state assembly Speaker V Sivakumar did not have the power to suspend Mentri Besar Datuk Zambry Abdul Kadir and six Barisan Nasional (BN) state executive council members from attending the state assembly sittings. They were suspended for unprofessional conduct early this month.

There was no question of the judiciary interfering in the legislature as claimed by Ngeh as the courts were the best place to seek interpretation of the Constitution or law, he told reporters.

Nazri said the law did not intend to equip a Speaker of a legislative assembly with unrestricted authority.

(emphasis in italics mine)

Everyone knows that Ngeh was talking about Article 72 (1) of the Federal Constitution which states:

72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

But what the Minister was saying is that “the courts were the best place to seek interpretation of the Constitution”.

Now I ask the readers, do you, as a member of the general public, need a judge to interpret Article 72, Clause (1) above?

But when the judges were asked to apply Clause (1) of Article 72, as we have recently observed, they have blatantly refused to apply the constitutional provision as it stands. We know that the words mean what they say. According to the dictionary, the word “interpret” means “explain the meaning of”. I don’t think we need the Federal Court or any court to explain the meaning of Article 72 to us – the meaning is plain enough for us ordinary Malaysians to understand. No one in his right senses would attempt to interpret the obvious meaning of the words in Article 72(1), unless he wants to say the words mean something else as Humpty Dumpty did in Lewis Carrol: Through the Looking Glass, 6 Humpty Dumpty:

“I don’t know what you mean by ‘glory.’ ” Alice said.

Humpty Dumpty smiled contemptuously. “Of course you don’t – till I tell you. I meant ‘there’s a nice knock-down argument for you!’”

“But ‘glory’ doesn’t mean ‘a nice knock-down argument,’” Alice objected.

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean – neither more nor less.”

“The question is,” said Alice, “whether you can make words mean so many different things.”

“The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

Alice was too much puzzled to say anything.

Then, like Humpty Dumpty, Nazri made this amazingly naive statement: “the law – [meaning Article 72(1)] – did not intend to equip a Speaker of a legislative assembly with unrestricted authority”. But that was not the point of what Ngeh said. So what if the Speaker was wrong on what he did or said or ordered in the legislative assembly? The supreme law of the land says that “(t)he validity of any proceeedings in the Legislative Assembly of any State shall not be questioned in any court”. This could only mean that all differences which occurred in the legislative assembly could only be resolved by the assembly within the assembly itself. The validity of any proceedings in the Assembly is beyond the reach of the courts – so said the Constitution of Malaysia. The “law” does not mean, as the Minister wanted it to mean, that it “did not intend to equip a Speaker of a legislative assembly with unrestricted authority”. Like Alice, the general public are too much puzzled by such a naive remark.

Anyway, why should a judge be afraid of criticism of his judgment if he has done nothing wrong and he is only doing his duty to administer justice according to law? Judges do not fear criticism, nor do they resent it: see R v Metropolitan Police Commissioner, ex parte Blackburn (No. 2) [1968] 2 Q.B. 150, at p 155 where Lord Denning said:

We do not fear criticism, nor do we resent it.

This is because “justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men”. In the Privy Council case of Ambard v Attorney-General for Trinidad and Tobago [1936] A.C. 322, this was what Lord Atkin said, at p. 335:

… whether the authority and position of an individual judge, or the due administration of justice, is concerned, no wrong is committed by any member of the public who exercises the ordinary right of criticising, in good faith, in private or public, the public act done in the seat of justice. The path of criticism is a public way: the wrong-headed are permitted to err therein; provided that members of the public abstain from imputing improper motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune. Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.

Burmese workers arrested by the Immigration Department in Malacca on June 25, 2008 for the alleged breach of S.6(1)(c) of the Immigration Act 1959/1963.

Read article.

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PU(B) No: 202/2009
w.e.f.: 26.6.2009
Act: ELECTIONS ACT 1958 [ACT 19]
Re: RESULT OF CONTESTED ELECTION AND STATEMENT OF THE POLL AFTER THE OFFICIAL ADDITION OF VOTES PENANG
Notes: Mansor bin Othman has been elected as a Member of the Legislative Assembly of the State of Penang for the Constituency of N.12 Penanti as a result of the polls taken on 31 May 2009.

*****

PU(B) No: 201/2009
w.e.f.: 1.7.2009
Act: FEDERAL CONSTITUTION [FGN(NS)885/1957]
Re: JUDGES’ CODE OF ETHICS 2009
Notes: Revokes [PU(B)600/1994]

*****

PU(B) No: 192/2009
w.e.f.: 15.6.2009
Act: LABUAN OFFSHORE FINANCIAL SERVICES AUTHORITY (AMENDMENT ACT 2008 [ACT A1337]
Re: APPOINTMENT OF DATE OF COMING INTO OPERATION
Notes: 15 June 2009 appointed as the date on which Act A1337 comes into operation.

*****

PU(B) No: 199/2009
w.e.f.: 23.6.2009
Act: LEGAL PROFESSION ACT 1976 [ACT 166]
Re: NOTIFICATION UNDER SUBSECTION 76(1)
Notes: The persons named in the Schedule have been appointed as members of the Bar Council and members of the State Committees for the year 2009/2010.

*****

P.U(A) No: 217/2009
w.e.f.: 15.6.2009-21.6.2009
Act: CUSTOMS ACT 1967 [ACT 235]
Order: CUSTOMS (VALUES) (PALM OIL) (NO.24) ORDER 2009
Issued under: s.12, Customs Act 1967

*****

P.U(A) No: 216/2009
w.e.f.: 15.6.2009
Act: DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT 1959 [ACT348]
Order: DIPLOMATIC AND CONSULAR OFFICERS (FEES) (AMENDMENT) ORDER 2009
Issued under: s.4, Diplomatic And Consular Officers (Oaths And Fees) Act 1959
Notes: Amends Sch., [PU(A)239/1962]

*****

P.U(A) No: 220/2009
w.e.f.: 20.6.2009
Act: FACTORIES AND MACHINERY ACT 1967 [ACT 139]
Order: FACTORIES AND MACHINERY (EXEMPTION TO VINYL CHLORIDE (MALAYSIA) SDN. BHD., KERTIH, TERENGGANU) ORDER 2009
Issued under: s.55(3), Factories and Machinery Act 1967
Notes: Exempts all unfired pressure vessels and steam boilers registered with the Chief Inspector, with the registration numbers and descriptions as specified in column (1) and (2) of the Schedule, in the name of Vinyl Chloride (Malaysia) Sdn. Bhd., Kertih, Terengganu which have been issued with certificates of fitness, from the preparation required under paragraph 17(a) and (b) of the Factories and Machinery (Notification, Certificate of Fitness and Inspection) Regulations 1970 [PU(A)43/1970].

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P.U(A) No: 215/2009
w.e.f.: 16.6.2009
Act: FEES ACT 1951 [ACT 209]
Order: FEES (PASSPORTS AND VISAS) (AMENDMENT) (NO.2) ORDER 2009
Issued under: s.3, Fees Act 1951
Notes: Amends para.2, [PU.189/1967]

*****

P.U(A) No: 218/2009
w.e.f.: 19.6.2009
Act: INCOME TAX ACT 1967 [ACT 53] and PETROLEUM (INCOME TAX) ACT 1967 [ACT 543]
Order: DOUBLE TAXATION RELIEF (THE GOVERNMENT OF TURKMENISTAN) ORDER 2009
Issued under: s.132(1), Income Tax Act 1967 & s.65A(1), Petroleum (Income Tax) Act 1967

*****

P.U(A) No: 221/2009
w.e.f.: 19.3.2008 of all sections excepts s.2(a)(xi)- 1.1.2009, s.2(a)(xvi)-2.2.2009, s.2(b)-5.1.2009, s.2(d)(i)-28.11.2008
Act: MINISTERIAL FUNCTIONS ACT 1969 [ACT 2]
Order: MINISTER OF THE FEDERAL GOVERNMENT (NO.2) (AMENDMENT) (NO.2) ORDER 2009
Issued under: s.2, Ministerial Functions Act 1969
Notes: Amends Sch., [PU(A)170/2008]

*****

P.U(A) No: 222/2009
w.e.f.: 0.4.2009
Act: MINISTERIAL FUNCTIONS ACT 1969 [ACT 2]
Order: MINISTER OF THE FEDERAL GOVERNMENT ORDER 2009
Issued under: s.2, Ministerial Functions Act 1969
Notes: Revokes [PU(A)170/2008]

Notes:
- Amends ss.2,4,28A,28B,28C
- Inserts new s.17A

Act No: ACT A1341
Title: EDUCATION (AMENDMENT) ACT 2008
w.e.f.: 15.6.2009 – PU(B)191/2009

Notes:
- Amends ss.2,5,22,44,49,67,77
- Inserts new s.9A
- General Amendments-

- Substitutes for the words “Registrar General of Schools and Teachers”
wherever appearing the words ‘Registrar General of Educational Institutions and Teachers”;
- Substitutes for the words “teacher education colleges” wherever appearing the word “institutes of teacher education”;
- Substitutes for the words “Registrar of schools and Teachers” wherever appearing the words “Registrar of Educational Institutions and Teachers”.

Author: Abdul Monir Yacoob & Siti Shamsiah MD Supi
Title: Manual Undang-Undang Keluarga Islam
Publishing Details: Kuala Lumpur: Institut Kefahaman Islam Malaysia (IKIM), 2006

Author: Ahmad Mohamed Ibrahim
Title: The Administration of Islamic Law in Malaysia
Publishing Details: Kuala Lumpur: Institut Kefahaman Islam Malaysia (IKIM), 2000

Author: Rao, B. Shiva
Title: The Framing of India’s Constitution (6 Vols)
Publishing Details: Delhi: Universal Law Publishing Co. Pvt. Ltd, 2006

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