Man is born free, and everywhere he is in chains – Jean Jacques Rousseau (1762, The Social Contract)
By Prof. Judge (Dr.) Navin C Naidu, LL.D (Switzerland), K.C. ( African Kingdoms)
Email: chiefjudge@secamtektektribe.org
Tel: +41 76 493 3031 / +41 43 543 2273 (Switzerland) / Tel: 60 10 959 5755 (Malaysia)
[1] The PROFILES (acronym: Privileges, Rights, Obligations, Freedoms, Immunities, Liberties, Endangered Species) saga explains Rousseau’s lament as the inevitable tragedy of a civilized and socialized society where law and order are designed, structured and developed as cudgels provided by an ever-obliging Big Brother with an insatiable appetite for control and subjugation.
[2] Rights, per se, face a degree of protection if not a measure of limited guarantee until the government decides to covertly convert it to privileges requiring a license: to operate a motor vehicle, practice law, dentistry, medicine, or fly an airplane. Bonham’s Case of 1610 expertly explained this issue and is still relevant today.
[3] Mind you, a license is an approved permit and consent issued by a self-styled authority without which any activity is considered illegal or unlawful. In the grand scheme of things, there is no known license for elected government to be in existence. This license is a clever approval permit to gain power by consensus, and then inflict unspeakable pain in the name of political necessity.
[4] The Profiles is never an issue with primitive societies where living is defined by the provisions made available by Mother Nature in which laws governing human conduct is unnecessary; where common sense prevails; where communalism defines and describes their culture where anarchy dictated by Natural Law is the preferred coin of the realm.
[5] In Malaysia today, the Profiles are in a state of discordant, disturbing, dismal, disgraceful and destructive disarray. The will, well-being and welfare of the YAB Rakyat no longer matter. The deliberations and poor decisions of elected MPs and Aduns take center stage. Dialogue between the electors and the elected is seldom in practice. The government casts a Nelson’s eye to the recurring dilemma.
[6] YAB Rakyat is forced to be perpetually tortured like Prometheus who stole fire from the gods for humans to survive. His punishment was to be chained to a boulder while an eagle ate his immortal liver which regrew every night until his agony and anguish were freed by Heracles.
[7] YAB Rakyat is still looking for Heracles to free it from this punishment extended by the Profiles. Perhaps total boycotting of the elections may provide that elusive Heracles? It’s worth considering this option as every candidate will lose his or her deposit that will decide the elections null and void.
[8] YAB Rakyat has to decide whether it wants to represent the characteristics of soft clay, or man up as forged steel. The Profiles should be enough to offer the right motivation to beat the bad deals, secret handshakes and broken promises the elected offer while dipping both hands in the national till - and get away with it for all the wrong reasons and purposes.
[9] People who matter and don’t just mutter have labeled Malaysia as a sad state of kakistocracy and kleptocracy, among other epithets. The centurion correctly observed that politicians charged with stealing or taking bribes flash smiles to the waiting cameras in an effort to evidence innocence. But remedies or solutions seem utopian, unreal and unreachable.
[10] The Profiles is an ongoing saga representing a burning wish and a fiery desire to tear down democracy at all costs. Honest government is totally alien to this not-so-subtle political ploy. It’s like watching the same movie over and over again in a futile attempt to stop or reverse the killing of the movie hero.
[11] The ruling class offers no regret nor remorse to the status quo. It is business as usual. Get into power, retire and enjoy perks and cushy positions in GLCs and GLICs. Judges accept honorifics while in office and yet claim to champion an independent judiciary while the Executive and the Legislature play the same undivided and unseparated role as one organ of government. Law professors extol the virtues of the separation of powers while legal scholars write copiously about this impractical but necessary political edifice.
[12] The rot runs deep. It gets deeper as each regime assumes power after an electoral victory. That right there is the problem. Voting the same old recycled politicians is as bad as taxation. Ax the tax should be the cry of YAB Rakyat. After all, we are still printing ringgits in Shah Alam - courtesy Giesecke-Devrient.
[13] My partners in rhyme have hammered out millions of words and phrases in blogs, books, and podcast broadcasts to no avail. They hear us but nobody in power is listening to the early warning signals. The Federal Constitution, as the supreme law of the land, lies lifeless and languishes in indignity like its ready for disability pension and total retirement.
[14] YAB Rakyat refuses to take charge or is unable to do so. The entire blame is theirs to bear and carry for the rest of their electoral lives. That’s because everything looks normal - vehicles on the roads, hotels, resorts, gold clubs, retail stores and malls bustling with activity, airplanes, trains, ships, ferries, buses and taxis running their schedules, etc. – singing praises to the private sector.
[15] Nobody seems to be singing praises to the public sector except for the pliant print media outlets whose main aim is to push newspapers sales and safeguard their printing and publishing permits and licenses. Freedom of the press, speech and expression? Bah humbug.
[16] Ultimately, YAB Rakyat must agree with Rousseau. We, the People, must unchain ourselves from these fetters and shackles. This is certainly not democracy by any stretch of the imagination. We have nine “Fundamental Liberties” in the Federal Constitution that need to be thawed out of the deep freeze. Let’s gather together and prove Rousseau wrong.
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