Thursday, October 25, 2007
Has Nazri got it right this time?
Nazri is quoted in Malaysiakini (‘Nazri scoffs at EC ‘independence’):
“We all know that we have the EC Act. If you take that into account, the EC is bound to the legislature and it is also tied to what we would approve. “So, don’t get too excited when discussing the EC’s independence because it cannot act freely – it is tied to the legislature.”
Those of us who have reacted have obviously misunderstood the genius of the man. Unlike many of his counterparts, the Minister may have been merely stating a truth. The EC is not independent, it considers itself an extension of not just the Government and the Barisan Nasional but UMNO itself.
In doing so, Nazri has been charitable to those of us who have been championing a free and fair election. He has given us proof of what many have only been able to speculate about. For this, Nazri should be given our gratitude. For in doing so, he has shown us that we should be diverting our energy into far more productive things.
For obviously Nazri knows that the Election Commission is NOT a creature of statute; that is it is a CONSTITUTIONAL BODY established under Article 113 and 114 of the Federal Constitution; that by virtue of it being a constitutional body it owes duties in law to, and serves, THE RAKYAT and NOT the Government of the day or the Legislature, which the Government happens to control at the moment, as Nazri constantly reminds us.
Obviously Nazri knows this. If he did not, then he would not be fit to serve as a Minister, nor would he be fit to remain on the Rolls as an Advocate & Solicitor.
Obviously Nazri knows this is the theory of the law. But, being the practical and extremely busy man that he is, he is not concerned with theory. The law, he understands is only as effective as the individuals, and the agencies they make up, that enforce it.
The chairman of the Election Commission seems to support Nazri’s point of view. He has not seen the necessity to correct Nazri.
My fellow Malaysians, we must understand that these are men of incredible intuition and aptitude, compassion and understanding, like the Speaker of the Dewan Rakyat. For like his colleagues, the Speaker understands that theoretical duties and responsibilities mean nothing without their being enforced. His consistent rejection of Opposition motions, the most recent casualty being the rejection of Keadilan’s Emergency Motion on the Judicial Crisis (see Malaysiakini, ‘House speaker throws out Lingam tape motion’), is testament to the dynamism of the man.
Thank you, YB and all you men of action.
Thank You For Your Kindness, Nazri