We are a country wherein we preach the rule of law but practice the rule by laws. In Malay we criticise “ cakap tak serupa bikin ,” but in everyday life we adopt a close one eye culture to most wrongdoing. Why?

We are a country of laws; beginning with the highest law system documented as our foundation record, and called the federation constitution. In it, we define all our history, geography, purposes, rules of conduct with each other, and rules of conduct for the state.

Quite frankly, nothing is left to chance; we included most essential items for the establishment of a Federation of Malaya, and then the Federation of Malaysia. We followed some good examples of a written constitution since the British do not have a written constitution. These included the American and Indian ones.

Why a rule by fiat culture?

Why then do we adopt the rule by law of fiat culture? It is simply because we are still are a very feudal nation and we still think we are a ‘Persekutuan Tanah-Tanah Melayu’; which too may not be historically accurate, but that is something we cannot change now. We cannot now rewrite history, as already recorded and accepted.  But we are no more even than that, though.  

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We are now a Persekutuan Malaysia, or a Federation of Malaysia; originally made up of four ex-British and then independent colonial states who came together willingly and voluntarily to make Malaysia. Malaysia is also spelt so; it is not spelt Melayusia. Please hear me out and seek to understand me! if you want to argue; please do not read my column.

If we only wanted a linear extension of the Malay states into a new federation, we would have called it ‘Melayusia’, and if the other three partner states agreed. We did not propose this, nor did they agree to this. In fact, all three of the others had some serious misgivings, as is, which were recorded in various ways, the least of which was the 18 and 20 point agreements for the Federation of Malaysia.

Why not Melayusia?

The word Melayu originates from Sumatra in Indonesia.  Apparently there is a Sungai Melayu which is reputed to be the origin and root of this people group or ethnicity. The Malays are not a race and will never become one. There is only one human race, according to genome science, and we all originated from the African people race.

Therefore and consequently, the word, ‘Malay’ is not a Melayu word but rather the English equivalent for the Melayu people and their spoken language; which became the lingua franc of the Malay Archipelago in those days before the British. Therefore also, if Klang cannot be so, and must be Kelang and not even Keling, then Malaya must remain only that; an English translation of the Melayu people group.

Malaysia was the formation of this unique multi-ethnic group of peoples of “truly Asians,” yet made up of different language groups, and different religions, and different variations of every conceivable religion, including atheism.

How can we then, now, 50 years after formation make rules as we choose to conceive them, willy-nilly?

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I am most disgusted with the so-called Court of Appeal decision about the ‘Allah’ issue. And do not anybody please tell me that the court decision is sub judice. It is not; and anyone who tells me that does not know the meaning of sub judice; a concept in American law especially because one can influence the jury through media reports. Here we have idiocratic judges who do not even write judgements or choose to do Internet research for their judgments.

The matter is now before the Federal Court and nothing I say or write can and should change how these esteemed judges develop a consensus about the nature and features of our federal constitution. I did not write it; the drafters did, and it is a ripe time as any for us to revert to the original intention of the drafters; as it is well recorded for all those interested to learn and know. I was only a student of the late Ahmad Ibrahim, but he taught me well, I think.

Boom or bust with the gates

We did meet and give notice to YB Teng Chang Khim, the state exco member for local government in Selangor, that boom gates are illegal. One does not need to be a student of the federal constitution to know that. Every Intan graduate is taught that under our subject on rules and laws.

All roads in Malaysia are federal or state or local roads. Local roads are under local administrations, but access to all of them is a guaranteed citizen or road user right, unless a location is classified as a security area and guarded as such.

Gated communities planned and executed as such fall in this category. But, normal jurisdictions called ‘tamans or parks’ etc do not follow this category. Blocking these roads is a serious denial of my constitution right to free access within Malaysia.

As I told the state minister, one of these days I will choose to drive through one of these gates to prove my point. I will then let the matter go to the courts, and let them decide if and whether my constitutional right of free access has not be denied and therefore I was wrong to ram into those boom or bust gates. I rest my case. May God bless Malaysia to follow the rule of law and not move to rule by law.