Author: Dr Navin C Naidu

Landmarks and landmines of the law

If we desire respect for the law, we must first make the law respectable. – Louis D Brandeis, former Justice of the United States Supreme Court The Federal Constitution (FC), the supreme law of the land, at Article 160, defines “Aborigine” but omits “Native” which can only be gleaned at

Treaties, trysts and territory taking

No treaty is ever an impediment to a cheat. —  Sophocles, Greek playwright The Vienna Convention’s Article 2(1)(a) on the Law of Treaties defines a ‘treaty’ as “a binding international agreement concluded between sovereign states (nations or countries) in written form and governed by international law.” MA63 sits uncomfortably under

Rites of revolutionary rectitude

A good deed never goes unpunished. — Gore Vidal, American critic and writer America awakened to a new hope and trust in elected officials when John F Kennedy spoke of the “. . . revolutionary beliefs for which our forebears fought for . . .” in his inaugural address. Tragically, bullet

Covid-19 chaos in controls and containment

There is a saying that if you want to catch a deadly cobra, don’t send a snake charmer, send a mongoose. This got me thinking of this Covid-19 death wish christened a “plannedemic” by western media because, allegedly, someone in Wuhan, China, released this laboratory-made microbe with the intention of

Intellectual dishonesty

If you tell the truth you don’t have to rely upon a good memory. – Mark Twain, American novelist Professionals and intellectuals supposedly steer the thinking of lesser mortals in a curious quest for self-esteem. The common man usually looks up to them as they don many hats as agents

The right to believe

Man is made by his belief. As he believes, so he is. – Goethe, German philosopher From cradle to grave we are obsessed with a diet of a vast assortment of information by family, peers, educational institutions, employers, the media, the medical profession including the pharmaceutical industry, and of course,

Jettisoning jurors is jejune justice

A right to jury trial is granted to criminal defendants in order to prevent oppression by the government. — Byron White, former Associate Justice, US Supreme Court Section 302, Penal Code, Malaysia (Act 574): Whoever commits murder shall be punished with death. These ominous eight words defying constitutional gravity to the

Misleading, misreading and misapplying MA63

Treaties are like girls and roses; they last while they last. – Charles de Gaulle, France’s first president The international treaty Malaysia Agreement of 1963 was designed as a non-military federation between Malaya, Singapore, Brunei, British North Borneo (Sabah) and Sarawak, ostensibly, to discourage and prevent the spread of communism

Freedom to flog frogs

Political parties, over-anxious for vote catching, become tolerant to intolerant groups. — Wendell Willkie, American lawyer A political party in Sarawak recently unleashed a refreshingly bold concept to discourage party-hopping by imposing a minimum RM20 million penalty upon those who decide to play pucks with Article 10(1)(c) of the Federal Constitution

Challenges to changeless codes

 The only thing permanent in life is change. – G.K. ‘Baboo’ Ganjoor, assassinated airline pilot There are many who like the status quo and thus totally shun change. There are also those who shun the status quo and clamour for change. In America, it is the battle cry for Republicans