The most dangerous untruths are truths slightly distorted.
– Georg C. Lichtenberg, German physicist
DISTORTED reality is an indispensable commodity for government to function. It usually begins with a hefty dose of half-truths. The next dosage comes as a well-oiled machine of deception designed to keep secrets using ‘national security’ as a valid justification.
‘National security’ is the America’s Negara Ku. Ours is ‘national unity’ while then we have psychopaths ranting “in diversity there’s unity,” and sociopaths articulating the d-i-e (diversity-inclusivity-equality) mantra.
The Malaysian Federal Constitution affirms the maintaining of secrets under oath at Article 43(6). The supreme law of the land that must be obeyed requires ministers and other public officials to take an oath of secrecy – a potent defense when asked to answer charges to escape prosecution.
Lord Acton warned that “everything secret degenerates, even the administration of justice; nothing is safe that does not show how it can bear discussion and publicity.” Discussion and publicity are the best disinfectants to prevent decay.
The ‘Deep State’ glorifies Article 43(6) while being grateful for its largesse. It operates as an ‘up, above and beyond the law’ imperative quite impervious to the usual MACC/AGC purview or overview.
Tracy Chapman remarkably observed that “people’s real hopes and dreams can be distorted and misdirected and packaged until you’re not sure what you really want or what you even really need.” That is true for every society operating under authoritarian or liberal social democracy tenets.
One cannot help feeling sorry for the ‘rule of law’ that tries so hard to make its presence known by the ‘felt necessities of the times.’ Professor Ronald Dworkin believed that you should not separate morality from law while other legal scholars ruled and opted for neutrality or separation. And then you have jurists caught in the confusing crossfire.
Benjamin Disraeli claimed that the most successful man in life is the man who has the best information. Gordon Gekko (The Wolf of Wall Street) echoed this belief that information is a most valuable commodity. They forgot that unverifiable information festers in the cocoon of distorted reality.
“The Special Cabinet Committee on National Governance (JKKTN) has agreed in principle to the enactment of a Freedom of Information Act to establish clear parameters and guidelines to give the public access to information from public bodies and the government,” screamed a report last September.
This assurance flies in the face of Article 43(6) Federal Constitution (Oath of secrecy for ministers). Scores of much-needed constitutional amendments await internment in the cemetery of No Further Action. The Ready For Action fountain is usually unattended, and dry.
“The law wasn’t designed to make your job easy; it was designed to make your actions legal,” remarked Ray Don Jackson. This helps understand the Federal Constitution as a basic law that is both intense and intentional. Lawyers and judges should take it more seriously so that rights are not taken lightly.
Distorted reality aids and assists in the subtle art of swallowing the bait, the boat, the fisherman, the hook, line and sinker.
Fundamental liberties, not rights, are contained from Article 5 through to Article 13 of the Federal Constitution. We took the bait.
The worst distortions come from poorly designed literacy modalities in Malaysia. In the Malaysian web of intrigue, ‘education’ does not satisfy the root definition – educare – to bring forth or lead out, in Latin.
Listen to our young talk. Listen to what they lead out and bring forth. It’s usually pathetic and totally traumatic. Never dramatic, witty or wise. This distortion of reality has become the sine qua non of our culture of literacy and learning.
The clever distortion of Article 4 Federal Constitution as the supreme law of the land is painfully evident in the absence of any specificity as to enforceability of this enumerated supremacy including the other 182 Articles and 13 Schedules.
The distorted reality appeared as the Constitution (Amendment) Act 2024 that evidenced amendments to Article 15, Article 16A, Article 18, Article 19, Article 23, Article 26 Article 26A, the First Schedule, and the Second Schedule.
These nine amendments concentrated on the sole issue of citizenship and naturalisation as if we are being over-populated by unwanted overseas-born children to Malaysian parents, and stateless persons born in the Federation.
The distortion is that many other useful, needful and necessary amendments to the Federal Constitution are being deliberately overlooked. Is the will of the rakyat on a permanent vacation, or is it on the way to total oblivion?
Truth be told, the supreme law of the land is at the mercy of Parliament in a nation that does not accept parliamentary supremacy. What if Parliament decides to amend Article 4 under Article 159 (Amendment of the Constitution) as an expression of distorted reality?
In a celebrated case, circa 1983 in the USA, involving the murder of an arrested person while in custody, the lawyer for the deceased addressed the jury and stunned American jurisprudence.
He carefully scanned the faces of the jurors. “Lady Justice is blindfolded. She is not blind. It’s up to you, to us, all of us, to keep our eyes open for her to dispense justice.”
The rakyat needs to keep its eyes open all the time. Sometimes it becomes necessary to sleep with one eye open – just in case. You never know. You can’t stop it, but at least you can tell the coming generations.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.*
