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November 1st, 2008
Stories
Southeast Asia: The Power of the Pontianak
One of the most enduring legends of South East Asia is the Pontianak, said to be a bone-white lady, with ruby-red eyes, who is borne from her death in birth-giving. The Pontianak, or sometimes called the “Kuntilanak”, lives in almost all of South East Asia, except the Indochina region. Malaysia, Singapore, Indonesia and the Philippines have the blood-drinking ghoul in their folklore. According to the Chap Ayam Photographers' blog:
“Pontianak” is one of the most famous, scariest and violent ghost in the Malaysian culture. Primarily, the Malays believe that it originates from a still born child, women who dies while giving birth, women who were killed by the pontianak or their spirits captured by them. The phrase “Pontianak” was believed from the acronym of “Perempuan Mati Beranak” in the Malay language, meaning the woman death by childbirth
The Joker explains further:
…Pontianak appearance can be deceiving. She would go out and fly during nighttime. She would look seductive and beautiful on the outside and would usually smell nice as well so that she can entice men. Once she lured in someone, the Pontianak would then turn into something hideous.
It’s not only men that are in danger from being victims of Pontianaks. Babies and women are not safe from Pontianaks. They are known to eat babies as well and would cause harm to pregnant women that might cause their miscarriage.
According to legend, the Pontianak usually haunts lonely roads or leafy areas. According to the “Gambar Hantu” (Ghost Picture) blog:
Hantu puntianak dikatakan sering menjelma sebagai wanita cantik yang berjalan seorang diri dijalan yang sunyi. Oleh itu, cerita ini kemungkinan bertujuan menghindari golongan wanita daripada diganggu oleh pemuda-pemuda yang takutkan puntianak ketika berjalan seorang diri di jalan yang sunyi.
Legend is that the Pontianak are afraid of sharp objects, as these can paralyse them, or cause them to turn into a beautiful woman. According to the Budak Jahat (Naughty Boy) blog:
Puntianak ini dikatakan mempunyai lubang dibelakang tengkuknya.
Sesiapa yang berjaya hidup ketika berjumpa puntianak dalam jelmaan wanita dan memasukkan paku ke dalam lubang ini dikatakan menjadikan puntianak tersebut kekal menjadi wanita cantik. Sekiranya paku itu dikeluarkan, ia akan kembali sebagai puntianak.
So inherent is the legend of the Pontianak in South East Asian culture that a city in Indonesia is named after the ghoul.
Like the western world's ‘Dracula‘, the Eastern entertainment industry has immortalised the Pontianak legend on to the silver screen, with such gems as Dendam Pontianak (Pontianak's Revenge 1957), Sumpah Pontianak (Pontianak's Promise 1958), Pontianak Kembali (The Return of the Pontianak 1963), Pontianak Harum Sundal Malam (the Pontianak Tuberose 2004) and Kuntilanak (2007). Some of these have spawned many sequels. A variation of the Pontianak has also appeared in Japanese Manga cartoons.
Sightings of the Pontianak has never ceased through the years. About two years ago, two young Singapore soldiers were caught on video getting spooked by a Pontianak (see video below).
More recently, the recording of what is said to be a Pontianak even made it into the Malaysian Malay language dailies. In April 2008, many flocked to the historical town of Malacca. According to Yik Yang Nicholas on April 15th 2008:
For the past fortnight, droves of people have gathered at a bridge near Jalan Pulau Gadong, Malacca, where the 50-second video-clip was purportedly filmed.
Many stayed up to the wee hours of the morning hoping to catch a glimpse of the spectre.
The video clip, circulated via mobile phone, shows a woman with long black hair and clad in a white cloth floating in midair while whimpering.
A receiver of the video clip told the Malay daily that he had heard many stories about the pontianak.
Still, there are sceptics. The most common theory debunking Pontianak sightings is explained on the G.H.O.S.T. Club blog:
The barn owl, white in colour, often mistaken as a ‘Pontianak', commonly found in cemetries.
The images above are so easily mistaken for sights of the paranormal, that more often than not, people imagine they have witnessed a ghost rather than rationalize that it was probably just an owl. I mean, afterall, don't we prefer to say that we have seen a ghost, rather an an animal?
Still, the Pontianak lives on in the South East Asian imagination. Urban legends, like the following story, as related on the City That Never Sleeps blog, is one of the most famous stories around.
It seemed one late night on the old road to Genting Highlands, before the new road was opened, a couple, husband and wife were driving downwards heading home after having their holidays. After passing a tunnel, their car began to have some weird sounds. Curious, the husband decided to stop along the roadside to check on the engine. The road was deserted as it was late at night. The husband opened the bonnet of the car and began examining the engine with his torchlight.
While the husband was busy finding out what happened to his car, the wife sat quitely in the car waiting for him. Some 15 minutes passed by and the husband was still busy with the car. The wife just sat there patiently, she was beginning to wonder what took him so long. The eerie silence was a little too much for her as there was not a single sound at all.
Suddenly, she heard a loud motor sound coming towards her car. In need of help, she called out loudly to the motorcyclist, who happened to be a policeman. She was shocked as the policeman rushed to her with a panic frenzy, opened her car door, and ordered her to quickly jump onto his bike. The wife hesitated at first, but seeing the policeman was in a state of shock, she followed his instuctions obligingly.
Jumped onto his bike, she asked the policeman what was happening. He didn't reply her, but ordered her not to ever look back to her car. As they sped down the road, the woman took a peek at the side mirror of the motorcycle, and there she saw the most horrifying thing — a pontianak with long hair and dressed in white was sucking her husband dry in front of the car!
Venezuela: The Launch of the Simón Bolívar Satellite
After three years in the making, the government of Venezuela placed a geostationary satellite into orbit. Launched from China, the satellite will be used for telecommunications projects for the country and for Latin America. The Simón Bolivar satellite, named for the national liberator, will be in operation for 15 years and will serve for connectivity, telephone and television transmissions around the southern continent that have depended on the infrastructure of the United States.
For hours, Venezuelan bloggers watched the transmission on the state television channel, while the rocket was launched. They also watched President Hugo Chávez take advantage of the event to campaign politically for his candidates running for local mayors and governors in the November 23 elections. The satellite, as are all political events, is a symbol for discussion.
Yosmary de Rausseo [es] republished the official information, the launch videos, and accompanied the note with the following message, “Long live the Bolivarian Revolution and the advanced policies of Hugo Chávez.”
On his blog, Horacio of UnoConTodo [es] is reminded that the country still has a lot of social debts that have not been resolved and that it a “satellite for an elite” He also shows a photograph of a 5-year-old child searching for food in the garbage.
Guillermo Amador also writes about the changes that will tkae place in the country as a result of the satellite, and that soon there will be local names like Space Shuttle Arepa 3000, in reference to the music video of the band Los Amigos Invisibles. Guillermo hopes that the satellite will be “run by the most prepared, and not by the most loyal and “committed [es] ” in the government so that it does not go to waste.
Romulo Rodriguez, an astronomy blogger [es], approved of the launch and wrote that Venezuelan technicians were trained to control the satellite. He sees it as a positive thing that television signals will reach more people, even if they are state-run channels.
To end, humorist Laureano Márques, responded to the way that president Chávez used a scientific event for politics when he referred to his ideology and his candidates.
El Presidente afirmó: “¿Qué tiene que ver un satélite con el socialismo? Una empresa capitalista lanza un satélite para hacer dinero. Este es un acto de liberación e independencia (…) para construir el socialismo dentro de Venezuela y para cooperar con otros pueblos”, cosa que me parece extraordinaria.
Lástima que los chinos no piensen igual y hayan cobrado a Venezuela 241 millones de dólares, a los que se suman 165 millones por la construcción de las dos sedes terrestres de control.
Electores, el próximo 23 de noviembre, cuando estén solos con sus conciencias, recuerden que ahora, desde lo alto del espacio, el Libertador os contempla.
The President stated, “What does a satellite have to do with socialism? A capitalistic company launches a satellite to make money. This is an act of liberation and independence (…) to construct socialism within Venezuela and to work together with other countries,” something that I think is great.
It is a shame that the Chinese do not think the same when they charged Venezuela 241 millions of dollars, which is added to the 165 million of dollars in the construction of the two ground control sites.
Voters, on November 23 (election day), when you are alone with your conscience, remember that now, from high up in space, the Liberator is watching you.
Cameroonian Bloggers Close-in on the US Presidential Elections
As the countdown to election day narrows, Cameroonian bloggers have also stepped up their postings on the issue. Dibussi Tande, who blogs at Scribbles from the Den is interviewed on the issue by Ngum Ngafor who blogs at Dulce Camer. One of the questions is how Cameroon could benefit from the next American Presidency.
Dibussi says:
“I don’t think that there is any specific benefit that Cameroon will derive from either a McCain or Obama presidency. America’s “Cameroon Policy” is fairly middle-of-the-road, and has not changed fundamentally since the first Bush presidency of the late 1980s and early 90s. The most common theme among US ambassadors to Cameroon, from Frances Cook in the 1990s to Janet Garvey today, has been the regular calls for more political freedoms in the country, for less corrupt and more accountable state institutions, and for the establishment of a truly democratic system that all Cameroonians can identify with.
Cameroon has so far failed to live up to these expectations but is still the beneficiary of substantial US aid because of realpolitik calculations that make her a key American partner in the region. For example, Cameroon’s strategic importance to the US has increased considerably in recent times thanks to its strategic location on the Oil-rich Gulf of Guinea. Those vital oil routes along the Atlantic coast must be kept safe even if it means giving suspect African regimes a wink and a nod or even a free pass…”
In these dying minutes of the campaign, The Chia Report managed by a US based former reporter of Cameroon's state broadcaster (CRTV), accuses the Republican party candidate John McCain of deploying “vile and dishonourable tactics of fear mongering”.
What is this fear about? Here's what The Chia Report thinks:
“This time around McCain camp, and Obama haters, are crystallizing fear in the minds of Americans by suggesting that Obama is a Muslim; that he pals around with terrorists; that he is a baby killer; that he is not American enough; not a patriot; he is a socialist…etc”
What seems to worry The Chia Report is that:
“Senator McCain’s brand of fear is against providing any hope for African-Americans because of the results that it will procure. But much more than that, it is a brand of fear that stokes the fire of hatred against Blacks by extremist groups that have been hiding away in the woods like Osama Bin Laden in the rocky mountains of Afghanistan and Pakistan. It is a fear that is for perpetrating the stereotype that African-Americans are good for nothing and cannot be trusted with anything big and meaningful; that African-Americans are to be a subservient bunch, good for the entertainment industry.”
Neba-Fuh, a Cameroonian blogger based in Sweden blogging at Voice of the Oppressed, comments on Democratic candidate Barack Obama being tagged as a socialist.
He has the following advice for Americans:
“In a system where the laissez- faire option has failed, Americans should feel no sense of inferiority to try other options like Socialism in the short term, or stick to Mixed Economy in the long run. This will enhance the much needed regulation of the economy that is needed to avoid economic plunges such as the one we are facing now. Socialism doesn't hamper freedom if well managed for a short period of time. The Founding Fathers never prescribed a system of economy as American! Socialism if well managed is not a speed-break to freedom. A poor man is not free! Not being able to eat well or have a shelter or pay our bills isn't freeedom, and not being free is surely unAmerican I guess.”
Here is what he thinks would be the deciding factor when the voter drops in the ballot:
“On election day, the majority of the 90% of American folks who will vote will surely not bother whether the policy that will make them feel ‘American' or ‘Free Again' is called Socialism or whatever.
What will bother poverty-stricken Americans as they go to vote will be ‘how they will put food on their kitchen tables, pay their mortgages, pay tuition for their kids, buy fuel for their cars at an affordable price and feel ‘American' again.”
However Americans choose to vote, could Cameroonians learn anything from these elections? Dibussi Tande thinks so:
“Yes, Cameroonians have a lot to learn from American politics especially with regards to establishing a legitimate, fair and transparent electoral process. Unlike the Cameroonian electoral system which has only a veneer of transparency, accountability and fairness, and is heavily skewed in favor of the incumbent and/or the party in power, the American system is a truly inclusive, transparent and democratic system at the service of its people.
True, the American electoral system has its own share of problems as the 2000 presidential elections clearly showed, but it remains the most open system in the world. Here is a system, (unlike the Cameroonian situation) where the civil service stays above the fray during elections, where the military keeps its distance, where the rules and regulations severely reduce the ability of those in power to use or divert state resources to promote the candidate(s) of their choice, and where there are never-ending efforts to improve the system and make it even more representative, etc. So the American political and/or electoral system is replete with lessons for any country, not just Cameroon, which aspires to create a viable and vibrant and legitimate democratic system”
Now, let's wait and see how the Cameroonian bloggosphere reacts to whoever wins this US Presidential election.
Saudi Arabia: Appeal and Your Sentence is Doubled up!!
Saudi Arabia has sentenced Egyptian doctor Raouf Amin to seven years in prison and 1,500 lashes. What for? For allegedly administering addictive drugs to a Saudi Princess during a medical treatment in the course of his duties at a Saudi hospital. Dr. Raouf has reportedly denied the charges that he was responsible for the “princess” getting addicted to sedatives.
Dr. Amin's wife tells us the story in the Doctors without Rights blog:
“
In his first trial Dr. Raouf Amin was sentenced to three years in prison and 700 lashes..however after his appeal, the sentence was doubled up; he will be whipped at the rate of 10-15 lashes a week during a 15-year jail sentence. The verdict was condemned not only by the human rights associations and civil entities, but also the ministry of interiors and the Egyptian Doctors Syndicate; Head of Doctors Syndicate Dr. Hamdy El Sayed stated to the AFP:
“We condemn this verdict in the strongest terms and we are making contact with officials in Cairo and Saudi Arabia, as well as [Egyptian President Hosni] Mubarak for them to intervene,” El-Sayyed told AFP.
“He did not have a fair trial; there was not even any adequate medical expert opinion. … This judgment is more about torture than justice and does not correspond with any kind of law, human rights or even Sharia (Islamic law)”
It would have been better to have sentenced him to death than to torture him this way. One thousand five hundred lashings and 15 years in prison is too harsh even for a murderer.”
Needless to mention that the Egyptian public opinion cannot comprehend it. Caricature artist Ashraf Hamdy angrily wonders:
أين منظمات حقوق الانسان ؟
أين وزير الصحة ؟”
Where are the Human Rights Organizations?
Where is the Minister of Health?”
Brazilian myths and haunts in the Lusosphere - Part 3
To bring this series about Brazilian myths, legends and haunts as seen on the Lusosphere to a great close, we couldn't choose a better entity to speak about than Saci Pererê. After being introduced to mythic beings like Cuca, Boitatá and Curupira in the first article, and reading the intriguing narratives about Cabeça de Cuia and Caboclo D'Água, among others, in the second article of the series, now it's time to delve into the mysteries of the most famous being from Brazilian mythology. So important is he, that there's even a law proclaiming Saci Day on October 31th.
So, who or what is this Saci Pererê? This ingenious being, a specialist in mischief and trickery - either just for the fun of it or pure evil - has even been able to trick the Blogosphere. Many are the distinct descriptions and origins attributed to him on the web. But, since we don't want to contribute to his mischievous plans, we will translate only two of the many descriptions we found.
The IFolclore website provides many descriptions [Pt] of Saci Pererê. Of them, this is the most enlightening:
“O Saci é uma entidade muito popular no folclore Brasileiro. No fim do século XVIII já se falava dele entre os negros, mestiços e Tupis-guarani, de onde se origina seu nome. Em muitas regiões do Brasil, o Saci é considerado um ser muito brincalhão, que esconde objetos da casa, assusta animais, assovia no ouvido das pessoas, desarruma cozinhas; enquanto que em outros lugares ele é visto como uma figura maléfica. É um negrinho de uma perna só que fuma um cachimbo e usa na cabeça uma carapuça vermelha que lhe dá poderes mágicos, entre eles, o de aparecer e desaparecer onde desejar. Tem uma mão furada e gosta de jogar objetos pequenos para o alto e deixa-los atravessa-la para pegar com a outra. Ele costuma assustar viajantes ou caçadores solitários que se aventuram por lugares ermos nos sertões ou matas, com um arrepiante assovio no ouvido, para em seguida aparecer numa nuvem de fumaça pedindo fogo para seu cachimbo. Ele gosta de esconder brinquedos de crianças, soltar animais dos currais, derramar sal que encontra nas cozinhas, e em noites de lua, monta um cavalo e sai campo afora em desembalada carreira fazendo grande alvoroço. Diz a crença popular que dentro dos redemoinhos de vento - fenômeno onde uma coluna de vento rodopia levantando areia e restos de vegetação e sai varrendo tudo que encontra a sua frente - existe um Saci.”
The Enciclopédia Mestiça website lists some of the possible origins of Saci, and relates him to some other enchanted beings and myths both in Brazil and worldwide [Pt]:
“A representação clássica do Saci Pererê é a de um negro pequenino, de uma perna só, com uma toca vermelha na cabeça e um pito na boca. É dado a ele um temperamento irrequieto e está sempre fazendo traquinagens. Não se deve, porém, dizer que seja mau, antes que seja imprevisível e um tanto inconseqüente. Não há consenso sobre sua origem, se indígena ou negra; conforme a região foi sendo representado em diferentes nuances. É visto como um ser mestiço por alguns. Em 1917, Monteiro Lobato organizou uma pesquisa entre leitores do Estadinho, publicação vespertina do O Estado de São Paulo. No ano seguinte publico o livro Inquérito. Para Monteiro Lobato, o saci é fruto de influências indígenas, negras e portuguesas. Seu mito desenvolveu-se mais fortemente nas áreas sertanejas do Sudeste. Ele seria mais encontrado em locais com plantas. Pode ser um versão de Exu, o orixá que como ele possui um caráter de desorganizador-reorganizador e um comportamento imprevisível. Desde as primeiras missões jesuíticas, Exu é associado ao Diabo, da religião cristã. O Saci pode estar também ligado ao mito português do Matintaperera, ou Matintaperê,
[…]
No Amazonas houve o mito de uma entidade também com o nome de Matintapera, de duas pernas e sem carapuça, cujo poder vem de um colar; corresponderia ao Cambaí, em guarani, e ao Iaci, em tupi. Os negros o teriam associado a Ossaim, filho de Iemanjá e Oxalá, que possui uma única perna e cuida das plantas. Entre os países da bacia do Prata, houve o Iaci Iaterê, um ser de cabelos de fogo. No folclore haitiano há o Quibungo, de origem banto, um menino que sai à noite para perseguir pessoas. Outra personagem africana é o Gunocô, que protege as matas. Na Europa, havia também o mito dos duendes, pequenos seres campestres. Em 2003, foi fundada em São Luiz do Paraitinga, São Paulo, a Sociedade dos Observadores do Saci - Sosaci, que conseguiu aprovar, na capital paulista, o dia 31 de outubro como o dia do Saci.”
[…]
In the Amazon, there is a myth about some entity called Matintapera too, who has two legs but no cap, and derives his powers from a necklace; he is connected to Cambaí, in the Guarani language, and Iací, in the Tupi language. African-Brazilians would have associated him with Ossaim, the son of Iemanjá and Oxalá, who has only one leg and looks after plants. In the Prata basin's countries, there was the Iaci Iaterê, a being with flaming hair. In the Haitian folklore there is the Quibungo, from Bantu origins, who is a boy that goes out at night to chase people. Another character with African origins is the Gunocô, who protects the woods. In Europe, there was the myth of the Fairies, small woodland beings. In 2003, the Saci Watchers Society (Socaci) was founded in São Luiz do Paraitinga, in [the State of] São Paulo - it has managed to approve, in the São Paulo capital, the 31st day of October as Saci Day.”
And speaking about the Saci Watchers Society [Pt], the group's website aggregates many interesting articles [Pt] that are a great source of information for those who want to know more about Saci.
One of the most frequently asked questions about Saci is why he has just one leg. Among the many answers we've found on the web, the one brought to us by Uncle Cráudio from the legendary Casos Sobrenaturais blog is the most straightforward and enlightening [Pt]:
“[…] Com a chegada dos escravos negros trazidos pelos invasores portugueses, a lenda do saci miscigenou com o choque cultural. Passou a ser negro e perdeu uma perna.
[…]
Essa mudança não foi por acaso e tem um sentido mórbido. Era comum os escravos fugidos serem recapturados e torturados. Alguns chegavam a ser multilados.
Uma das formas de vingança que os negros escravos usavam era a psicológica. As escravas usadas como babás , para sacanear com os portugueses, costumavam contar histórias e cantigas de ninar cujo tema tinha como objetivo abaixar a estima e criar o medo nas crianças .
Na lenda do Saci especificamente, o mesmo se tornava o vingador dos escravos, fazendo tudo o que eles queriam mas não podiam fazer.”
[…]
This change wasn't brought about by sheer chance, and has a morbid meaning. It was common that run away slaves were re-captured and tortured. Some of them were mutilated.
One of the forms of vengeance used by the slaves was psychological. The slave ladies who were used as nannies, used to tell stories and sing lullabies that aimed to frighten and lower the self-esteem of their master's children, in order to pull a mean prank on the Portuguese.
And specifically in the Saci legend, he usually became the slaves' avenger, doing everything they wanted to but couldn't do.
Either as a guardian of the jungle or as a kind of demon, or only as a playful child entity, it's very important to know how to deal with Saci. Some say that you must be very careful about his pranks, and avoid walking around places he usually haunts. Others say that the best way to deal with him is by capturing him before he causes you any harm. To those with such inclination, Uncle Cráudio, a great student of the arcane knowledge, offers a recipe for imprisoning a Saci [Pt]:
“[…] O fato de ter uma perna só não é problema por que ele se movimenta através de redemoinhos de vento.
Boa parte de seus poderes estão no contato com o famoso gorro vermelho (herança da cultura européia). Com ele o Saci pode ficar invisível e se locomover.
[…]
Você precisa estar armado com uma peneira, uma garrafa, uma rolha, um rosário e cinquenta reais.
Assim que vir o redemoinho, jogue rapidamente a peneira em cima. Isso por si só já imobiliza o bicho.
Agora é fácil. Pegue o rosário e envolva a peneira. Com isso você vai poder abrir sem que ele fuja. ( A visão católica era que o Saci é um demônio. Assim ele deve temer os símbolos cristãos)
Próximo passo. Coloque a garrafa no centro. O bicho vai estar tão doido por causa do rosário que vai tentar se esconder lá dentro. Espere uns cinco minutos. Acho que é tempo suficiente.
Em seguida tampe a garrafa com a rolha e pronto!!!”
Most of his powers come from contact with the red cap (originating from European culture). By wearing it, Saci can become invisible and move around.
[…]
You have to arm yourself with a sieve, a bottle, a cork, a rosary and fifty reais [Brazilian currency][…]
As soon as you see the whirlwind, immediately throw the sieve over it. This way, you'll immobilize the creature.
Now comes the easy part. Put the rosary around the edge of the sieve. This way you'll be able to keep Saci from escaping when you take away the sieve. (The Catholic point of view states that Saci is a demon, so he's likely to fear Christian symbols).
In the next step, put the bottle at the center [of the circle formed by the rosary]. The critter will be so confused by the rosary that he will try to hide inside the bottle. Wait for five minutes or so. It will be enough time.
Then, you just have to cork the bottle and, voilá!!!”
Saci Pererê is a very clever creature. He's almost managed to become the symbol of the Brazilian Soccer Team, as reported by Paulo Bicarato in his blog Alfarrábio [Pt]. Paulo tells us that some people didn't like this idea at all. But it comes as no surprise that a mysterious and playful being like Saci would find some resistance to his plans for worldwide popularity.
Even though Saci Pererê is one of the most famous and important myths in Brazil, he is, at the same time, a very mysterious and mischievous being. There is more misinformation than knowledge about him - just the way he likes it. The Saci Watchers Society asks its members and readers to send reports of their encounters with Saci, or any information they come across about these beings, in an attempt to see through the pranks pulled by this myth. As always, we'll keep watching the myths on the Blogosphere, and report about any further discoveries they make.
More legends and haunts:
This post is part of a Global Voices series about ghosts, ghouls, myths and legends to coincide with Halloween, All Saints Day, and other spooky holidays in this season. Check out our special coverage page.
All the images used in this article are available at Sosaci's webpage, used under the gentle permission of the Saci.
Reforming the Malaysian Judicial Services
The Malaysian judiciary has long been criticised of corruption, and also for being less-than expeditious in its process. Earlier this year, de facto Law Minister, Datuk Zaid Ibrahim, promised to bring changes to Malaysia's legal system, beginning with the judiciary. While he was in office, Zaid set up a committee to get reforms underway.
However, Zaid resigned from his position in protest to the detentions without trial of a journalist, a blogger and an opposition MP, all of whom were detained within a one-day time frame. Now, it is unclear if judicial reforms will take place, or even if they do, how effective the reforms will be.
This comes hot on the heals of Tan Sri Zaki Azmi as the new Chief Justice of Malaysia. According to blogger Shamsul Iskandar:
Agak menyedihkan bagi seorang Perdana Menteri yang akan menghabiskan sisa-sisa perkhidmatannya pada Mac 2009 kerana masih lagi gagal untuk memahami dan memenuhi kehendak rakyat supaya badan penting seperti Badan Kehakiman ini ‘dibersihkan’ tanpa sebarang keraguan. Umum mengetahui bahawa sebelum Tan Sri Zaki Tun Azmi dilantik sebagai Hakim Mahkamah Persekutuan, beliau merupakan seorang tokoh korporat yang rapat dengan Parti Umno malah mengetuai salahsatu jawatankuasa di bawah parti berkenaan.
The need for judicial reform in Malaysia is considered crucial by many Malaysians. From the 1988 judicial crisis, which saw the sacking of six prominent judges by the Prime Minister Dr Mahathir Mohamad, followed by what has been called as “two decades of judicial darkness“, including poison pen letters alleging judicial corruption in 1996 and culmination of the crisis in the recent “Lingam Tapes” scandal.
According to Screenshots, the Lingam tape purportedly shows a veteran lawyer, VK Lingam, in a phone conversation with current Chief Justice Ahmad Fairuz Sheikh Abdul Halim, allegedly fixing the appointment of ‘friendly’ senior judges.
The outrage of the clip caused the government to form a Royal Commission of Inquiry into its contents. Most tellingly, the Commission found that the judicial appointments is open to manipulation by the Executive and private citizens, and that prominent personalities, including former Malaysian premier, Tun Dr Mahathir Mohamad, were involved in an ”insidious movement” to fix the appointment of judges.
The Malaysian judiciary has not ever recovered from the Lingam scandal, and Malaysians looked with favour on Zaid's proposals on judicial reform. However, since his resignation and its aftermath, which included an open letter to Prime Minister Datuk Seri Abdullah on the detentions without trial, and now with the appointment of Tan Sri Zaki Azmi, things are not optimistic. Din Merican stated:
…I am aghast at this latest news coming out Kuala Lumpur today that the appointment of UMNO’s Zaki Tun Azmi as the new Chief Justice of our country has been accepted by Majlis Di Raja (Council of Rulers). Zaki is the pick of our reform minded Badawi government in its dying days, despite the fact that some 25,000 Malaysians had signed the petition appealing to our Duli Yang Maha Yang DiPertuan (our King) to stop this appointment.
This is no doubt a huge blow to judicial reform and one can only hope the Parliamentarians on both sides of the aisle will in good conscience and as provided under Article 127 of the Federal Constitution debate this appointment. As it is, Malaysia’s image abroad is severely impaired and with this latest development, political observers and analysts will wonder why Prime Minister Badawi who promised to push his reform agenda in his remaining months in office should be making such retrogressive move.
While Guansin says:
It is common knowledge that the Judiciary of Malaysia has rotten over the years, culminating in the Lingam tape scandal in 2007, much to the wrath of the rakyat of Malaysia. But reading the specifics of how some judges have rotten in the Judiciary would allow us to expose and shame the judges concerned. We should not just let them off easily.
Meanwhile, current politician and son of former premier, Tun Dr Mahathir, Datuk Mukhriz Mahathir, recently stated that Zaid’s efforts to make the judicial appointments system more transparent would not play much of a role in the nation’s progress, asserting that judicial reform issues, if not implemented, would not cause the nation to crumble, adding that Malaysians had lived all this while without them.
This, along with the appointment of Tan Sri Zaki, has caused much disquiet among netizens. Malik Imtiaz stated on his blog:
Matters of judicial competence and integrity impact across the board; they are neither race nor political-party specific. Bad or skewed decisions hurt the wider legal profession and the nation as a whole as much as the litigants involved. One of the biggest difficulties practicing law at the present is the lack of certainty in the law, in part for there being a slew of decisions that have been adjudged without due regard to principle or precedent. In becoming precedents themselves, these decisions have undermined the foundations of not only the legal system but also the system of commerce that it supports. Commerce being wholly dependent on the certainty that only an effectively functioning legal system can provide, the current state of affairs is anathema.
In addition, the public has recently been reminded of the slow and arduous journey of the Malaysian justice system, with the appeal of human rights activist, Irene Fernandez beginning this month. The case is said to be Malaysia's longest-running case in Malaysia, littered with postponements, missing court documents and ‘incomprehensible' judicial notes.
However, new Chief Justice Tan Sri Zaki Azmi has begun his term with what has been described as a “hard-hitting” speech. He said that he will not hesitate to take stern and drastic action against errant judges, who have tarnished the image of the judiciary. According to news reports, Tan Sri Zaki is already planning reforms, with the blessing of the Prime Minister.
Meanwhile, Datuk Seri Nazri Aziz has stepped back into his former position as the minister in charge of legal affairs, in replacement of Zaid Ibrahim. Nazri has done some good work with the legal affairs portfolio, like pushing forward the Witness Protection Bill. However, Zaid has stated that in his time he faced much opposition in Parliament. The jury is out if Nazri, together with Tan Sri Zaki, will be able to come through with effective judicial reforms.
[note: Tan Sri, Tun, Datuk Seri and Datuk are honourifics given to Malaysians]
Links for Sat, 2008-11
The Armenian Economist comments on the size of the Armenian military budget and notes that it pales into insignificance compared to that of Azerbaijan and Turkey, the country's traditional foes in the region. The blog wonders if it wouldn't be better to spend more on education and health care instead.
London-based Armenian blogger Mark Grigorian [RU] has been nominated for Reporters Without Borders' award in this year's Deutsche Welle Best of Blogs (BoBs).
My The Caucasian Knot examines the prospects for a framework peace agreement ahead of tomorrow's meeting between the Armenian, Azerbaijani and Russian presidents in Moscow. Although there is some optimism that the talks might yield such an agreement over the status of the disputed mainly Armenian populated territory of Nagorno Karabakh, stumbling blocks remain.
Unidiana [RU] posts an eyewitness account of a shooting in a back yard that left at least one dead. The blogger notes the inaction of the police despite the presence of children. Kornelij Glas [RU] also comments on the incident.
Loy meets World from the Philippines believes US Senator John McCain will pull off the biggest upset in US presidential elections history.
My Daily Blog Diary from the Philippines writes about how to deal with office politics.
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