For the whole of this week, one word has dominated the imagination of the people. Addendum, addendum, addendum! Let us take a moment to investigate what the term means.
By definition, an addendum is an attachment that clarifies and adds things that were not initially a part of the original contract or agreement. We can therefore think of addendums as additions to the original agreement, that for example, adds a deadline where none existed in the original version.
There are many different types of addendums. For example, if you have written a will but don't want to redo the will but only change certain parts, you can make an addendum to the will, to change your list of heirs, the amounts to be distributed, or any other provisions you would like to change.
There are a few reasons why we create an addendum.
One reason is to correct an error or omission in the original document. If something was accidentally left out of the original document, an addendum can be used to rectify the issue.
Another reason is to clarify ambiguities. When terms in a contract are unclear, an addendum can provide additional explanation to prevent misunderstandings.
Addendums can also be used to update details in a document. If circumstances change, such as project scope or deadlines, an addendum can reflect those changes without requiring a complete redraft of the document.
Addendums are also useful to add specific conditions. For situations where a particular aspect needs to be addressed separately, an addendum can be used to outline those conditions.
The benefits of using an addendum is that it maintains a document's integrity , whereby the original document remains unchanged while still incorporating necessary modifications.
It also helps streamline the process of drafting a document, in that it is easier to add an addendum than to completely rewrite a document, thus saving time and effort.
Addendum also improves transparency, by clearly and separately outlining the changes that have been made to the document.
The word addendum has become famous this week after Najib went to court to order the government to produce an addendum that he claims was issued as part of the pardon granted to him by the then-Yang di-Pertuan Agong (YDPA), Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, in February last year.
In February 2024, the Federal Territories Pardons Board halved Najib's jail term to six years, and reduced his fine by 76% to RM50 million. This is considered the main order of the royal pardon they had issued.
However, there was purportedly an additional addendum from the then-YDPA, addressed to the then-attorney general, Datuk (now Tan Sri) Ahmad Terrirudin Mohd Salleh, stating that Najib can serve the remainder of his sentence under house arrest.
That the main order of the royal pardon exists is a matter of public knowledge.
As to whether the addendum to the royal pardon exists however, in the words of Winston Churchill, “is a riddle wrapped in a mystery inside an enigma.” To this day, no one can say for certain whether it exists.
If the addendum is proven to exist, will Najib be able to serve the remainder of his jail term from home immediately?
The short answer is no. For one, it should be noted that the law does not currently allow for prison sentences to be served at home although the Parliament is expected to table an amendment to allow it sometime this year.
Also, proving the addendum exists is just the first part of the process to get Najib serve the remainder of his sentence from home. For it to actually take effect, the matter still has to be argued in the court.
But regardless of what the outcome of the Najib addendum saga is, one thing is for certain, the result of the publicity the addendum saga has generated, has arguably made Malaysians the people in the English-speaking world that is most aware of the term addendum.
Considering the brouhaha over the Addendum saga, by now, I wouldn’t be surprised if all Malaysians are aware that the term exists, even if we still do not know whether the Najib addendum, which is the addendum that that made us all aware of the word in the first place, exists.
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