Zaid's dream: restore original Article 121(1)

Datuk Zaid Ibrahim is seeking to restore the original wording of Article 121(1) of the Federal Constitution. He said he suggested this to the cabinet last week but was unsure when it would happen.

Article 121(1) originally read: “Subject to Clause (2), the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and status, namely...”

Mahathir amended the article after the judicial crisis in 1988 to remove the vested judicial power in the two Highy Courts.

Zaid, who is de facto law minister, said the restoration of the article’s original wording was to ensure the judiciary was free from outside influence. With the separation of powers of the executive, legislature and judiciary in the country, it would strengthen and enhance the judicial system, he said.

“According to the original article, judges are free to make decisions in a transparent and orderly manner and, with this, outside influence can be controlled,” he said.

“The proposal to restore the original wording of Article 121(1) has received support from Chief Justice Tun Abdul Hamid Mohamad. I will also convince other parties and the powerful people.”

Source: NST: Restoring Article 121 (1)


Retired Federal Court judgeTan Sri Azmi Kamaruddin said Dr Mahathir Mohamad had wanted to amend Article 121 of the Federal Constitution because he wanted the judiciary to be under his control.

“I believe the Prime Minister at the time wanted to become a dictator; I may be wrong but this is my conclusion,” Tan Sri Azmi Kamaruddin yesterday told reporters after receiving ex-gratia payment from the Government for the pain and loss he suffered during the 1988 judicial crisis.

Previously, Article 121 stated that judicial power of the Federation was “vested in a Supreme Court and such inferior courts as may be provided by federal law” but it was replaced in 1988 to place the courts’ jurisdiction in the hands of Parliament.

Azmi, 75, who received the payment from de facto law minister Datuk Zaid Ibrahim, said: “He wanted to amend Article 121 which calls for the separation of powers. He already headed the Legislature and Executive. Now, he also wanted the judiciary under him.”

Adding that Dr Mahathir was “very clever” and always “killed two birds with one stone”, Azmi alleged that Dr Mahathir’s agenda was tied to the Umno 11 case involving then Umno vice-president Tengku Razaleigh Hamzah whose supporters had challenged his post as Umno president.

“With the judiciary under him, he could tell judges what to do. I am sure he will deny it,” said Azmi who was among six judges involved in the judicial crisis two decades ago.

Azmi broke down and cried when he started talking to reporters at his house. He said his remaining 10 years as a judge were the worst days of his life where he only heard “simple cases” and lost the opportunity of being promoted.

“It (the payment) brings to an end the shameful episode of 1988.”

Source: TheStar: Former judge hits out at Dr M