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Fri, Dec 05, 2008
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Zaid's judiciary project in peril

by Ahirudin Attan

SHORTLY after former de facto law minister Zaid Ibrahim was sacked by his Umno party, the maverick lawyer-politician told my paper: "I feel fine."

I had asked if he felt betrayed by Umno, and especially by party president and Prime Minister Abdullah Badawi, who drafted him into the Cabinet after the ruling coalition's poor showing in March polls.

At a press conference yesterday, the founder of South-east Asia's largest legal firm said he was a victim of double standards within Umno, having not been given any chance to be heard.

But he poured cold water on speculation that he was joining the opposition - though his detractors would insist he is just waiting for the right time to enter Anwar Ibrahim's PKR party.

After all, he was sacked primarily for attending the opposition party's congress last weekend (Mr Zaid said he was there as he was "still interested" in politics).

Yet, whatever the sentiments about his sacking within the party may be, Datuk Seri Abdullah has a more urgent - if related - national matter to consider: The plan to set up a Judicial Appointments Commission (JAC).

The JAC is seen as Mr Zaid's brainchild. Ironically, even as he was about to be sacked, the Prime Minister's Office was finalising discussions with several parties - including the country's top judge - on the JAC paper prepared by his legal firm, Zaid Ibrahim & Co.

The JAC would take over the task of shortlisting nominees for judge appointments, removing this from government control and making the appointment process more transparent and accountable.

The idea was to restore public trust in the judiciary, which had been undermined during the heavy-handed government of Mr Abdullah's predecessor, Tun Mahathir Mohamad.

Mr Abdullah is known to be extremely keen to push through the JAC, which has won the support of the Bar Council and has not been opposed by the opposition. Indeed, the outgoing Premier may end up being best remembered for judicial reforms: The setting up of the JAC is at the core of these.

There was also the RM10.5 million (S$4.4 million) ex gratia payment to former lord president Salleh Abas and other judges, who had been embroiled in the controversial 1998 sacking of top judges.

Yet, the JAC proposal has never gone down well with many Cabinet members.

Indeed, Mr Zaid had quit his post in September, citing internal opposition to planned judicial and legal reforms.

Tun Mahathir has been very critical of the agenda behind the JAC and ex gratia payments, as well as Mr Zaid's assertion that the government should apologise to the sacked judges.

Umno leaders may not treat the proposed JAC kindly when they meet at the party's general assembly in March, after which Mr Abdullah is slated to retire.

This might explain the speed with which Mr Zaid's JAC is being pushed through, principally by the PM's office, which wants it enshrined in law while Mr Abdullah is still in charge. If the JAC does survive its enemies, it will likely be viewed as Mr Zaid's legacy as much as Mr Abdullah's.

 

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