Monday, September 15, 2008

Another one bites the dust...?


zaid ibrahim pc 110608 0316 Sept: NST Online confirms at 12 noon that Zaid Ibrahim's decision to resign is final.

NEWSFLASH: NST Online reports that: Prime Minister Datuk Seri Abdullah Ahmad Badawi urged Zaid to stay on and continue with the judicial reforms during their 30 minute meeting at Seri Perdana today.

Sources said Zaid, known for his outspoken views, had expressed his concerns that he could be a liability to Abdullah.

The prime minister, however, advised him to take two weeks’ leave to re-consider his resignation.
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The report in Malaysiakini: Law Minister Zaid 'tenders resignation' confirms what many Malaysians must have felt, that de facto Law Minister Zaid Ibrahim has reached an impasse with the Prime Minister and, probably a few of his erstwhile Cabinet colleagues.

Zaid must surely realise that he is on the "correct side of History", to paraphrase Bill Clinton. Add to this, the fact that he acted on principle and, in good conscience, Zaid is a rare breed of politician. Not just in Malaysia, but anywhere else.

This gesture and, the fact that he is voluntarily walking away from the most exclusive "club" in Malaysia (I mean the Cabinet, of course) speaks volumes about this man who has been a veritable gadfly prior to the March 8 elections. He was dropped as a candidate to contest as incumbent in the Kota Bharu parliamentary seat.

But, in the wake of the poor showing in the March 8 elections, Zaid was nominated as a Senator and he was appointed a full Cabinet Minister.

Constitutional aspects to consider
Zaid's action in resigning is consistent with the legal and constitutional principle that the Cabinet acts on the basis of collective responsibility. It means that the action of any one Cabinet colleague is, by implication, agreed upon by all other Cabinet colleagues. There is no necessity to convene a formal Cabinet meeting. Every Cabinet member is deemed to be a part of any decision by another Cabinet member. This principle forms part of the Federal Constitution.

So, any Cabinet member that disagrees with any policy or Executive action must either put up with it or, resign.

What does this mean for the others?
The other Ministers that have questioned the ISA action against RPK, Teresa Kok and Tan Hoon Cheng will have to deal with the principle of collective responsibility. Malaysiakini: Another minister questions ISA dragnet reported Human Resources Minister Dr S Subramaniam's questions about the usage of the ISA.

The roll call of doubting Thomases at Cabinet level include, Ong Tee Keat, Shahrir Samad and Bernard Dompok, not to mention many senior BN leaders.

Will these BN leaders be as principled as Zaid Ibrahim or, will they say, "Oh! We were only raising our views. We will deal with the matter "behind closed doors"?

More importantly, these gentlemen should not forget that under the principle of collective responsibility their hands are already stained with the deed. They cannot wash it off until the ISA order is rescinded or, when they resign.

So, which is it to be, guys?

2 comments:

TheWhisperer said...

CT,

Zaid did not bite the dust. He just have the honor to hammer another nail onto Umno's coffin.

de minimis said...

I guess you're right. But Zaid "bit the dust" in the sense of being one of the Cabinet members who has found the direction of the government (or lack thereof) going against his legal training and conscience.

But I think many of us are agreed that what Zaid did was honourable and principled. I salute him for that.