Saturday, April 19, 2008

When An Apology Is Not An Apology.

What is an Ex-Gratia Payment? When something has been done ex gratia, it has been done voluntarily, out of kindness or grace. In Law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation. Now do we need to spell it out?
CYBERJAYA, April 18 (Bernama) -- The ex gratia payment announced by the government Thursday for six former judges involved in the 1988 judicial crisis is not a form of apology to them, Deputy Prime Minister Datuk Seri Najib Tun Razak said Friday."The ex gratia payment does not tantamount to revisiting whatever that has been decided. It is not to be construed as any form of apology but this is our way of addressing some of their personal considerations and some of the personal experiences, hardship that they have gone through."That is it is to be seen in that light. It should not be construed as anything beyond that," he told reporters after witnessing the signing of a joint-venture agreement between automakers Chery Automobile Co Ltd and Alado Corporation Sdn Bhd, here.The six former judges were the late Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh, and Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed and Datuk George Seah.On Thursday, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced that the government, apart from paying the ex gratia to the six former judges, would set up a Judicial Appointments Commission to nominate, appoint and promotejudges in a transparent and representative manner.
A moral victory is still a victory, nonetheless. Legally the act may not be an admission of guilt but applying all common sense to the same, an admission it is still. The timing may not be good, right after massive political tsunami and all, but at least the government is moving into the right direction. Kudos!
Paklah & Co. must keep the momentum going.


Anonymous said...

dear Lawyer Kampung,

In Islam, any action begins with the intention, 'Niyyah".

So, what is the intention of Pak Lah and later the spoiler, Najib?

Being Muslim leaders of any worth, Pak Lah must have the CONVICTION of his beliefs. [yakni Certainty or "yaqin"]

Of course, Pak Lah is very very far fromt he Character of the Prophet of Siddiq, Amanah, Tabligh and Fathonah ....

nonetheless, the least you can do according to al Ghazali [ BTW, Pak Lah is still searching an dyet to find], as a authentic Muslim leader you must have COURAGE ....

[see "nasihat al muluk" Counsel for the Kings]

Lawyer Bandar [madinah].

Lawyer Kampung said...

Shukran Ya Akhi for the comment and references made.. Looking forward to more from you, Lawyer Bandar [madinah].