Harakah
15-31 December 2001

CLP Fiasco: Trading insults

From M.G.G. Pillai

When caught out, government bodies spread the blame; when that is not possible, they look for scapegoats. When the former chief justice, Tun Eusoff Chin, could not answer embarassing questions the de facto law minister, Dato' Seri Rais Yatim, asked about his controversial holiday with a prominent lawyer which highlighted the corruption within the judiciary, he retorted by calling him "the minister for tables and chairs". He left in disgrace.

Dato' Seri Rais now wants the director of the CLP examination, Mr Khalid Yusoff, suspended for the wholesale tampering of the July/October CLP examination. Mr Khalid insists what he did was not tampering, though he would not say what it was. In truth, he could not say more since he could face a criminal charge. But there is no smoke without fire.

It is normal for marks to be adjusted, in every examination, to ensure consistency over the years. But those adjustments are made not by the director but by the ultimate authority and by well-defined rules and regulations. It was not here: and the Board has found too many discrepancies for it, and the nation, to be concerned.

The police have begun their inquiries, the officers are interviewed, as the government apportions blame on the expendable. This is not unusual. The CLP examination is to keep too many non-Malays from entering the profession, and a misguided attempt at fake excellence. Why should students be graded, for instance? Would not a pass or fail be all needed? But that did not fit in with Malaysian arrogance and its spurious belief in educational excellence.

Mr Khalid cannot deny his responsibility in the affair. Even if his claims are true, he is ultimately responsible for the mess the CLP is in. He had been there for nearly two decades, and ran a system which turned out rotten to the core. He is ultimately responsible for what the CLP now is.

But we nibble at the edges. The Law Profession Qualifying Board is confused as ever. On Thursday, 28 November, it ordered that appeals be submitted by 0900 on Monday, 03 December, barely a day to get it done, with the weekend intervening and the fasting month adding to the confusion. But Monday is a holiday in Selangor.

One must accept that the closing date for appeals was carefully decided. And so designed to reduce them to a minimum, with no intention then to right the injusties inherent. Those outside the Klang Valley is automatically cut off from this exercise. So, again, the form is more important than the substance. Try sending by post an appeal from, say Rawang, on Friday evening and see if it would reach the Board's offices when it opens on Monday morning. The aggrieved student from Gua Musang or Sarikei or Bandar Seri Begawan cannot then appeal.

The Law Profession Qualifying Board must expect its decisions to be challenged. The former Federal Court judge, Tan Sri Harun Hashim's comment about the public good being more important than the fate of a few individuals would eventually prevail. But not after numerous law suits challenging the Board's decision. Rightly so.

The law graduates argue why they should be penalised for the Board's incompetence. They have a point, but this corruption is so blatant and widespread, not just this year, some merged into it and others kept quiet. Tan Sri Harun's belief will prevail, but not after the Board is made to answer for its incompetence and neglect. No one comes out of this episode gracefully.

This belief that men and women of high morals and integrity could be relied upon to ensure a system beyond reproach is proved false yet again. This belief in a free lunch, many a law student believed, is too widespread for what happened to be not an exception. With a general belief that that one should not fight for one's right is too ingrained in the Malaysian mindset, especially if the the authority is Malay and the applicant a non-Malay.

The CLP mess is one because it was found out. The authorities stonewall any attempt to show they had failed in their responsibility. And when it becomes a public issue, as now, one finds that no one would take responsibility. As now. But if this mess comes with a determined effort to right the wrongs, one could accept what happened as unavoidable. But that hope is like believing that pigs can fly.

M.G.G. Pillai
pillai@mgg.pc.my