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By Mihar Dias December 2024
The debate over whether to pursue criminal charges against Tun Dr. Mahathir Mohamad for his Cabinet’s 2018 decision to drop Malaysia’s appeal over Batu Puteh has turned the Dewan Rakyat into a battleground of historical reverence versus political accountability.
At the heart of this issue lies a question that transcends Batu Puteh: Should a former prime minister, with unparalleled contributions to Malaysia’s development, be held accountable for decisions made collectively by his Cabinet?
The Case for Accountability
The revelation of Cabinet minutes from May 23, 2018, read aloud by Perikatan Nasional MP Takiyuddin Hassan, has stripped away the claim that Mahathir acted unilaterally. The minutes explicitly state, “The Cabinet agrees that Malaysia's application to the International Court of Justice... will not be pursued.” https://www.malaysianow.com/news/2024/12/12/cabinet-minutes-show-ministers-agreed-to-drop-appeal-on-batu-puteh-verdict-dewan-rakyat-told
This undermines statements by former ministers Dr. Wan Azizah Wan Ismail, Anthony Loke, and Mohamad Sabu, who claim they were not consulted.
Mahathir himself pointed out a critical democratic principle: dissent within the Cabinet was always welcome. “If they had any complaints or objection, they should have spoken up,” he remarked, adding that he had faced Cabinet rejections before. https://www.malaysianow.com/news/2024/12/12/cabinet-minutes-show-ministers-agreed-to-drop-appeal-on-batu-puteh-verdict-dewan-rakyat-told
This begs the question: Was the silence of his ministers a tacit approval, or merely a reflection of political expediency? Either way, this collective decision-making process places the burden of responsibility not solely on Mahathir but on the entire Cabinet of the time.
The Case Against Legal Action
Government MPs like Hassan Karim and Willie Mongin have urged caution. Hassan’s impassioned plea—highlighting Mahathir’s infrastructure legacy, from Putrajaya to highways—touched a chord with many. https://www.malaysianow.com/news/2024/12/12/cabinet-minutes-show-ministers-agreed-to-drop-appeal-on-batu-puteh-verdict-dewan-rakyat-told
He reminded Parliament of Mahathir’s controversial yet transformative decision to curtail royal immunity, a move that bolstered democracy and placed the rule of law above hereditary privilege.
Willie Mongin, meanwhile, warned of the dangerous precedent such an investigation could set. If every government decision is retrospectively scrutinised for criminal intent, what incentive would future leaders have to make bold or unpopular choices?
Parliamentary governance thrives on collective responsibility, and targeting one individual could erode that principle.
The Realpolitik of Batu Puteh
The Batu Puteh saga is not just a legal or territorial issue—it’s a political one. Pursuing criminal charges against Mahathir would not bring the island back. Instead, it risks further dividing an already fragmented political landscape. It could also deter experienced statesmen from stepping forward in times of crisis, fearing that their decisions might one day land them in court.
A Lesson in Collective Responsibility
Syed Saddiq’s critique of his former Cabinet colleagues is a sobering reminder of the role ministers play in shaping national policy. “If you disagree, you should stand up and resist,” he said, pointing out that silence in the Cabinet room equates to consent. https://www.malaysianow.com/news/2024/12/12/cabinet-minutes-show-ministers-agreed-to-drop-appeal-on-batu-puteh-verdict-dewan-rakyat-told
This observation exposes a deeper flaw in Malaysia’s political culture, where deference to authority often overshadows the need for rigorous debate.
Conclusion: Seeking Justice or Opening Pandora’s Box?
Taking criminal action against Mahathir risks setting a dangerous precedent where policy decisions, made in good faith at the time, are weaponized by future governments. At the same time, ignoring the matter entirely undermines the principle of accountability.
A balanced approach may lie in a parliamentary resolution acknowledging the collective nature of the decision while recommending structural reforms to ensure that contentious issues like Batu Puteh are debated transparently.
This would send a clear message: No leader is above scrutiny, but neither should governance be crippled by fear of retrospective prosecution.
In the end, Malaysia must decide whether this is a moment for vengeance or wisdom—a choice that will shape the nation’s political ethos for generations to come.
Mihar Dias is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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