Does “separation of powers” still work in Malaysia?

As far as I’m concern, independence of a country’s judiciary stems from the notion of the "separation of powers", whereby the executive, legislature and judiciary form three separate branches of government, which can constitute a system of checks and balances aimed at preventing abuses of power without undue influence from any other source.

In Malaysia, the Federal Constitution of Malaysia clearly divides the authority of the Federation into the 3 main forms, as in keeping with the concept of federalism which form the basis of the government administration.

However, unfortunately, not only the practical realization of this principle that is disappointing, as it’s either because legal provisions themselves are shaky, or that they are not being enforced as they should be, it’s utterly shocking when PKR advisor Anwar Ibrahim revealed a video clip that shows senior lawyer VK Lingam in a phone conversation, purportedly with current Chief Justice Ahmad Fairuz Sheikh Abdul Halim, allegedly fixing the appointment of ‘friendly’ senior judges in 2002.

Malaysiakini reported that among the matters discussed during the telephone conversation were the potential appointment of Ahmad Fairuz as the Chief Judge of Malaya (CJM) and his promotion as the Chief Justice (CJ), which eventually took place in 2003. (Click here for the full transcript of conversation between the alleged duo)
 
Anwar said the revelations proved that his appeals against his sodomy and abuse of power convictions were tainted and that he was denied a proper and fair trial, where Ahmad Fairuz was on the three-member bench which had dismissed Anwar’s appeal against the corruption charge in the Court of Appeal in 2000. (Click here to watch the press conference)

In addition to the video footage, Anwar during the press conference also played a short audio recording in which his name was brought up by Lingam. (Click here for the transcript and here to listen to the audio)

Meanwhile, Bar Council chairman Ambiga Sreenevasan in an immediate reaction said with the emergence of this video clip, the concerns expressed by various quarters in relation to the judiciary can no longer be swept aside, in which she also called for immediate and urgent action to address the issues raised in video clip.

Just like what Lingam said in the video clip, "we want to make sure our friends are there for the sake of the PM and the sake of the country", now it’s time for the similar judiciary system to return a huge favor to the rakyat by sending them to the "right place" for the sake of this country.

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