Thursday, November 20, 2008

CJ for Reform. Karpal vs Reform?

It is obvious that the new Chief Justice, Tan Sri Zaki Tun Azmi, has done justice to all when he started the "no postponement" ideas in the Court of Appeal. Now that he is the Chief Justice, all the courts in Malaysia are applying the same for the purpose of reducing backlog. Reforming the judiciary has been his aim, based on his speech, he asked for the cooperation of all.

Nearing the appointment in October 2008, the voices against the appointment finally said, "Give him a chance."

It is realised that there are many unhappy lawyers out there and perhaps, the team of Karpal as well. It is not a new thing that this particular lawyer had always taken the opportunity to voice dissatisfaction on the outcome of his own cases in the Parliament. Well, this time, many of his cases are affected because of his busy schedule. Therefore, his attack this time is also seen to be personal.

Backlog of cases has been seen by the public as being caused by the courts because the courts grant postponements. The general public does not know that in most cases, it is the lawyers who ask for postponements in court, in which the courts will have to decide whether to grant or not. And in some cases, when the courts refused to postpone, the lawyers start withdrawing from representing the clients, to "force" the courts to give the clients time to appoint other lawyers.

The lawyers in most cases do not explain the reasons for postponements to their clients and straight away put as the court decided the postponement. So the blame to the courts continue in the minds of the laymen.

So the fact remains that the politicians in the opposition were unhappy when the CJ was going to be appointed. Why? Because he was a lawyer and represented a party? But none commented negatively on the appointment of a judge Arif who was a lawyer and also actively represented a party. Evidently, the judges are not politicians.

Now that the CJ has done many reforms, some of the lawyers are unhappy as they have to also think of a way to be "able and willing" in all the briefs. And the lawyers must help the courts to dispose of the cases without having to decide on their applications for postponements.

The judiciary needs to focus on the new efforts to improve. For all you know, lawyers and parties will send or are sending feedbacks that their cases are disposed of much faster. The reform must continue. At present, the CJ being a good leader and manager in the judiciary is effectively making it possible.

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