Ensure strong checks and balances
THE Coalition for Clean and Fair Elections (Bersih) calls for strong and effective check and balance mechanisms to protect public interest as we begin a new chapter under the leadership of Prime Minister Datuk Seri Anwar Ibrahim and his mixed coalition government.
However, Bersih notes with some concern Anwar’s remark that he is not considering the role of finance minister “at the moment”. He should not for a moment consider it, as it would totally remove any semblance of checks and balances in the inner sanctum of his own Cabinet.
On the other hand, Bersih welcomes the statement by the leader of Perikatan Nasional, Tan Sri Muhyiddin Yassin, that the party is rejecting Anwar’s offer to be part of his unity government and would instead play a role as an authoritative Opposition to bring the voice of the people to Parliament.
Bersih calls on Anwar’s government to enable the formation of a shadow Cabinet by the Opposition with commensurate salaries, resources and access to information for the shadow ministers. Every government ministry should be scrutinised by a shadow minister who should be paid half the ministerial salary and provided the necessary staff, but receive no other perks.
To further strengthen scrutiny of each ministry, there should also be a parliamentary select committee filled with both government and Opposition backbenchers with its own staff.
The passing of the Parliamentary
Services Act, as promised in the Pakatan Harapan manifesto, should also be expedited so that resources for these additional committees and a shadow Cabinet can come directly from Parliament instead of the Finance Ministry.
Standing Orders in the Dewan Rakyat must be amended to provide more opportunities for Private Members’ business, empower parliamentary select committees to act more independently, and improve the management of confidence votes.
Apart from parliamentary reforms, we need key institutions such as the Judiciary, the Election Commission and the Malaysian Anti-corruption Commission to be independent and free from the influence of the Executive. A Key Appointment Commission to review candidates for the relevant parliamentary special select committees would ensure that only independent and qualified candidates are shortlisted for appointment.
The Attorney General, who should remain a government appointee, should not hold the role of Public Prosecutor, a reform promised by both Pakatan and Barisan Nasional.
Other important institutions outside of government structures that play an important role to hold the government of the day accountable are the media and civil society organisations (CSOS).
A free press is integral to a vibrant democracy as it shines light on corruption and failures and shortcomings of the government. As such, the press should be unshackled from restrictive laws so that it can report without fear or favour.
The new administration should acknowledge the role of civil society by allowing organisations that are deemed “political” when they are actually working to advance human and political rights to be duly registered under a reformed Registrar of Societies that is not influenced by the Executive. This would enable these CSOS to access funding and apply for tax-exempt status from the Finance Ministry.
The government should also consider setting up an independent Civil Society Commission to regulate NGOS and CSOS and fund those that fulfil certain criteria so that they can do their work without constant concerns about sustainability and harassment from the authorities.