The two-thirds majority has, since the attainment of independence of the
Malayan, later Malaysian, federation in 1957 , been viewed as the criterion of
electoral success by BN, which dominated the political landscape till the election
shocks of 2008. A two-thirds majority enables the government to effect amend-
ments to the federal constitution. Many of the constitutional amendments since
1957 diluted a number of fundamental provisions to entrench an overweening
executive. They also weakened the role of parliament and the authority of the
hereditary Malay rulers and, in the face of the erosion of the independence of a
once highly respected judiciary (resulting from the dismissal of the top judicial
officer in the land in 1988 based on the most flimsy of grounds), the constitutional
amendments have led to a concentration of powers in the executive arm of
government.
The repeal of the ISA was described by Home Minister Datuk Seri Hishammud-
din Hussein as ‘a journey of the country’s transformation’.
39
It is too early to hail this
bold proposal and the other announced initiatives as a genuine attempt on the part
of the Malaysian government to lead Malaysia into the fold of the true democracies
of the world. The Malaysian prime minister also said that new legislation would be
enacted ‘to prevent subversive action, organised violence and criminal acts in order
to preserve public order and security’. In April 2012 , the Malaysian parliament
passed the Security Offences (Special Measures) Act 2012 (which came into force
on 31 July 2012 ). It also passed the Peaceful Assembly Act 2012 (which came into
force on 23 April 2012 ). The litmus test will lie in an examination of the substance of
this new legislation. The width of discretion accorded to the executive in the
invocation of the powers under the new legislation, the safeguards that are built
into the legislation to circumscribe these powers and the extent to which the courts
are given a role to provide independent and effective judicial oversight will ultim-
ately determine whether Prime Minister Najib Tun Razak intended to effect
genuine reforms. In July 2012 , the prime minister also announced that the
Sedition Act would be repealed (although it is still being wielded as a weapon
against critics of the government) and replaced by a National Harmony Act. There is
a general election to be held on 5 May 2013 and the Malaysian public cannot be
faulted if they exhibit scepticism that these moves are driven by the need to shore up
the electoral stocks of BN. They have heard grand promises by previous prime
ministers which have fizzled out miserably. They need to see the reforms truly
bedded in before they can believe that the Malaysian polity has reached a higher
level of political maturity. If it is a case of ‘old wine in new bottles’, the public
euphoria over the announcement will evaporate rapidly.
40
(^39) BERNAMA, ‘Hishamuddin: Repeal of ISA, a Journey of Country’s Transformation’,Sun
Daily, 16 September 2011 ,www.thesundaily.my/news/ 146412.
(^40) See also Kua Kia Soong, ‘Old Poison in New Bottles’, The Malaysian Insider, 29 Septem-
ber 2011 ,www.themalaysianinsider.com/print/sideviews/old-poison-in-new-bottles-kua-kia-