22 June, 2008

Mahathir Warns Of Implications If Article 121(1) Restored

MINISTER in the Prime Minister's Department Datuk Zaid Ibrahim is seeking to restore the original wording of Article 121(1) of the Federal Constitution.

He said he suggested this to the cabinet last week but was unsure when it would happen.

Article 121(1) originally read: “Subject to Clause (2), the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and status, namely...”

Zaid said the article was amended after the judicial crisis in 1988 to remove “... the judicial power of the Federation shall be vested...”.

It now reads: “There shall be two High Courts of coordinate jurisdiction and status, namely...”

With the separation of powers of the executive, legislature and judiciary in the country, it would strengthen and enhance the judicial system, he said.

“According to the original article, judges are free to make decisions in a transparent and orderly manner and, with this, outside influence can be controlled,” he said.

“The proposal to restore the original wording of Article 121(1) has received support from Chief Justice Tun Abdul Hamid Mohamad. I will also convince other parties and the powerful people.”

Meanwhile,former prime minister Tun Dr Mahathir Mohamad said Minister Datuk Zaid Ibrahim and the government should be held responsible if the move to restore the original wording of Article 121(1) of the Federal Constition leads to adverse consequences.

In issuing the reminder, former prime minister Tun Dr Mahathir Mohamad said the government he led had reasons when it amended the article.

"If he (Zaid) feels the amendment is no longer needed, it is up to him. If there are adverse implications, someone has to be held responsible.

"We cannot do something and after that, when something bad happens we absolve ourselves of respossibility," he told reporters after delivering a speech titled "Malaysia's Hope" at the Red Crescent Society hall here Saturday.

Dr Mahathir amended the article after the judicial crisis in 1988, during which Lord President Tun Salleh Abas and two Supreme Court judges were sacked while three others were suspended.

He said the restoration of the article's original wording was to ensure the judiciary was free from outside influence and it was not intended to reduce the prime minister's power.


Article 121

121

(1) There shall be two High Courts of co-ordinate jurisdiction and status, namely -

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry at such place in the States of Malaya as the Yang di-Pertuan Agong may determine; and
(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di- Pertuan Agong may determine;
(c)(Repealed),

and such inferior courts as may be provided by federal law and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.
(1A) The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.
(1B) There shall be a court which shall be known as the Mahkamah Rayuan (Court of Appeal) and shall have its principal registry at such place as the Yang di-Pertuan Agong may determine, and the Court of Appeal shall have the following jurisdiction, that is to say:

(a) jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decisions of a High Court given by a registrar or other officer of the Court and appealable under federal law to a judge of the Court); and
(b) such other jurisdiction as may be conferred by or under federal law.

(2) There shall be a court which shall be known as the Mahkamah Persekutuan (Federal Court) and shall have its principal registry at such place as the Yang di-Pertuan Agong may determine, and the Federal Court shall have the following jurisdiction, that is to say:

(a) jurisdiction to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof;
(b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and
(c) such other jurisdiction as may be conferred by or under federal law.

(3) Subject to any limitations imposed by or under federal law, any order, decree, judgment or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.

(4) In determining where the principal registry of the High Court in Sabah and Sarawak is to be, the Yang di-Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Judge of the High Court.


Repealed Former 121.

1. Subject to Clause (2) the judicial power of the Federation shall be vested into High Courts of co- ordinate jurisdiction and status, namely-
* (a) one of the States of Malaya, which shall be known as the High Court in Malaya and shall have its principle registry in Kuala Lumpur; and
* (b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principle registry at such place in the States of Sabah and Sarawak as the Yang di- Pertuan Agong may determine;
* (c) (Repealed);and in such inferior courts as may be provided by federal law.

2. The following jurisdiction shall be vested in a court which shall be known as the Mahkamah Agung (Supreme Court) and shall have its principle registry in Kuala Lumpur, that is to say-
* (a) exclusive jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decision of a High Court given by a registrar or other officer of the court and appealable under federal law to a judge of the Court);
* (b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and
* (c) such other jurisdiction as may be conferred by or under federal law.

3. Subject to any limitations imposed by or under federal law, any order, decree, judgement or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.

4. In determining where the principal registry of the High Court in Borneo is to be, the Yang di- Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Justice of the High Court.

(Source)

Labels:

0 Comments:

Post a Comment

Subscribe to Post Comments [Atom]

Links to this post:

Create a Link

<< Home