This article first appeared in Forum, The Edge Malaysia Weekly on September 19, 2022 - September 25, 2022

Four people in Panampang, Sabah, have claimed that a teacher of theirs failed to turn up in class for seven months back in 2015 and for another four months in 2017. They have sued the teacher for truancy and everyone, from the school principal to the minister of education, for failing to take any action despite being reasonably notified of the matter. It is both heartening and disheartening to read about something like this.

It is disheartening because if the claim is true, then so many things and so many people have failed the system, starting with the hiring and training of the teacher to the way principals manage schools and the effectiveness of the huge education ministry bureaucracy in monitoring students, teachers and administrators of schools. It means a combination of incompetence, an absence of professionalism, and sheer neglect in the different parts of the system. And it is very reasonable to conclude that this might not be an isolated case. The thought that it is possibly systemic is really depressing.

The suits were filed in 2018 and in a recent press conference announcing that the trial will finally start this month, the now young ladies said that everyone — the teacher, school principal and officers from the ministry — have been harassing and pressuring them to drop the case. It was bad enough that they applied for and obtained a court injunction and a restraining order against these people last year.

This story demonstrates two things. The first is that things can go wrong, which is understandable if its frequency is reasonably low and control mechanisms are in place. It is the second thing that is very disturbing — that when things go wrong, the system’s reaction is to cover it up and not deal with it openly as an exercise of accountability as well as a way to improve things. When things go wrong, as in this case, there is also significant power differential involved: a student and a teacher or a school principal.

This sort of phenomenon is prevalent in other contexts as well, when the perpetrator is in a more powerful position than the victim — a reporter and the subject of his story, an enforcement officer and a powerful offender, a subordinate and her boss. And as with this truant teacher story, there are other intermediaries involved too, whose actions contributed to the outcome of the story, making them accomplices.

The heartening part of the story is the tenacity of the students and their confidence in getting justice from the legal system. They will now have their day in court to seek justice for themselves. Equally important is the prospect that the process will address weaknesses in the system, apart from making the people involved accountable for their actions or inactions. We hope this will result in a better educational system in the future.

This story came to light just days after the Federal Court confirmed the conviction and sentence of former prime minister Najib Razak. This shows how the system worked even when confronted with the most powerful person in the country, although it took his unseating for that to happen. However, note that the unseating that happened some four years ago is itself testimony that the system works. Yes, it was preceded by various abuses of power, with many being complicit in commissioning the abuses or facilitating them and covering them up, but it reflected the will of the people. For a while.

It is frustrating to repeatedly encounter cases of unethical behaviour, incompetence and outright corruption. It is exasperating to read utterances of some people in positions of leadership. We do not even share some common dreams despite living together as a nation. This all points to a gloomy future. It makes you lose confidence the way investors lose confidence. That, while there are rules and laws, they are largely facades for correctness, not really egalitarian principles to be upheld. Not a place to put down roots and stake your future in.

But then, people should be reminded that this is real life, not some idealised, imagined world. At the same time, it certainly is not a dystopian, dysfunctional world. That is why the cynicism that I sometimes see or read about is as disheartening as the negative things themselves. The cynics, critics of everything and everyone who aspire for perfection but abstain from participation, will not contribute anything to make things better.

That is why the next general election is crucial. People cannot be cynical about the system because of the machinations of people using the system to serve their interests, and withdraw from it. The system is not all wrong, but we need to put the right people to man the system, and politics and elections are the way towards that. It is easy to be disillusioned, accept things as they are and check out, but that will just empower those who exploit the system, and things will worsen.

The four former schoolgirls who sued everyone responsible for denying them the education they should have had did not settle for the status quo. They have courage as well as faith in the legal system. The various individuals who investigated the 1MDB case against a sitting prime minister had courage and carried out their responsibilities. The journalists and editors from this newspaper who covered the 1MDB story and the potential market manipulation story, for which two of its editors were recently charged, were professionals who did their job. These are not people who gave up because bad things happened and they are disappointed with the system.

Freedom of the press is key. As long as the people’s voice is heard, and what happens is a reflection of the will of the people, and the institutions that arbitrate and safeguard these freedoms function the way they should, the democratic aspirations enshrined in the constitution will be protected. These promises of freedoms are, however, mere words and it takes continuous effort to ensure they are realised.

While there are and will always be political contests, as ugly and divisive as they can be, the prize of these contests — public office — is a position of trust. The responsibilities of the position must be performed with competence and integrity, and can never be abused for personal or group interests. If we are going to have any chance, we need freedom to voice dissent and freedom of the press. What constitutes mass media has evolved and proliferated with the ascendency of social media. It has gotten a whole lot noisier and decentralised, but it can still be controlled and manipulated.

We have seen how the media can be controlled and how it can behave selectively and sway with both sentiments and power. The fourth estate too may be a lonely place. This newspaper was almost alone, among the traditional media, in truthfully reporting on 1MDB when it was dangerous to do so, and paid the price for it. Today, it is once again threatened for its efforts to expose another sort of corporate malfeasance.

These trials and tribulations just show that freedom of speech and expression must be continuously protected as a fundamental right.

Most of all, we need an independent and competent judiciary as well as a functioning and empowered parliament. The judiciary as an institution and its leadership have shown its mettle in recent events, something that makes me proud and has lifted my spirits. It becomes that neutral and independent place that arbitrates disputes, enforces laws and protects the abused. It administers justice and therefore gives justice to the people. The leadership in parliament, on the other hand, is clearly wanting. So, the glass is half full.

Dr Nungsari A Radhi is an economist

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