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The Star - April 11, 2008
Review ouster clauses, says
Suhakam
KUALA LUMPUR: Reinvesting judicial power in the
judiciary and reviewing ouster clauses will improve the
state of human rights in Malaysia, said Suhakam chairman
Tan Sri Abu Talib Othman on Thursday.
“Suhakam has submitted a paper to the Government calling
for a review of all ouster clauses as barring judicial
review deprives a citizen's right to legal redress but
we've had no response,” he said.
“To deny the right to seek redress that is provided for
in the Federal Constitution is to go totally against
human rights,” he said when asked to comment on Raja Dr
Nazrin Shah's speech at the opening of the Conference of
Judges on Wednesday.
In calling for a judicial renaissance, Dr Nazrin had
said that judicial review of administrative practices
was essential to being a nation of laws.
The Raja Muda of Perak, who said it was the right time
for the Federal Court to take a less restrictive
approach in reviewing decisions which manifestly
involved miscarriage of justice, urged judges to show
courage in interpreting the Constitution.
Abu Talib said: “The important thing is that the right
people are appointed. A system is only as good as those
who man the system.”
Political scientist Dr Chandra Muzaffar agreed. “The
type of people appointed to the commission is important,
it's pointless if they don't live up to the mark.”
On the “present climate” being favourable to press for
change, Dr Chandra said: “This is the right time to
propose changes but I'm not sure whether they will
occur.”
“I hope they will but the ruling elite is embroiled in a
crisis.”
Transparency International Malaysia (TIM), in welcoming
the call, said it fully reflected the aspirations of a
vast majority of Malaysians who wanted greater
transparency and integrity in the judiciary.
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