Wednesday • August 17, 2005
Siew Kum Hong
[email protected]MANY Singaporeans would have been disappointed last Sunday morning, when they woke up to the news that President SR Nathan will be re-elected without a contest this week. Few would have been surprised, after last week's damaging statements from JTC Corporation, Hyflux and United Test and Assembly Centre (UTAC) about Mr Andrew Kuan.
The events surrounding Mr Kuan's abortive bid for the presidency have raised questions about the institution and the legitimacy of future office-holders.
After Mr Kuan announced his candidacy, various political figures spoke out on his bid. Their comments either touched on Mr Kuan personally or on the office of the presidency. Some, such as MP Charles Chong, chairman of the town council that Mr Kuan serves in, questioned his qualifications. Several unidentified persons described him as "arrogant" or "conceited".
Meanwhile, Minister in the Prime Minister's Office and Second Minister for National Development Lim Swee Say warned against the consequences of a fluke result, citing the Chinese saying, "Don't fear 10,000, only fear the one-in-10,000 chance."
Others focused on the "seriousness" of the office and the need for the President to be the face of Singapore to foreign dignitaries, as if implying Mr Kuan had been judged and found wanting. There was also a call for him to be more transparent on his career history.
Most of the comments came even before JTC (and, to a lesser extent, Hyflux and UTAC) came forward and hammered nails into the coffin of Mr Kuan's aspirations.
Just as disturbing was the fact that all the comments came before the Presidential Elections Committee's (PEC) decision on Mr Kuan's eligibility. The latter had come under intense scrutiny even before he officially became a candidate.
It is hard to avoid the conclusion that the establishment felt discomfited, if not threatened, by the sudden appearance of a possibly credible candidate not endorsed by it. And judging from Internet postings (admittedly a lopsided barometer of public opinion), I am not the only one who felt so or who was bothered by this.
The role of the media was also troubling. Mr Kuan's candidacy was effectively subject to a trial by media. The politicians' comments were invariably given prominence. I think JTC's decision to release a press statement and hold a press conference disclosing their decision to ask Mr Kuan to leave, while declining to go into their reasons or the details of their report to the PEC, effectively used the media to destroy Mr Kuan's chances.
Furthermore, as the reason for its decision, the PEC gave a bare assertion that Mr Kuan's position as JTC group CFO was not comparable to the requirements under the Constitution. It did not explain in detail its reasoning in arriving at this conclusion.
It is therefore unclear what role was played by the crucial JTC report or whether the PEC had taken into account the various statements and disclosures in the media. It is also unclear whether the PEC should have interpreted the Constitution so as to err on the side of caution by allowing a contest in the interests of transparency and legitimising the presidency.
What happened with Mr Kuan's candidacy will be remembered for a long time to come. And this is where the presidency may have been damaged.
The requirements for a president are so stringent that the pool of eligible candidates is nothing less than miniscule. They will inevitably be people of substance and means. So why would they want to subject themselves to the storm of criticism that Mr Kuan experienced, which recent events would have shown to be the likely consequences of a candidacy not endorsed by the Government?
This unendorsed candidacy is precisely what is needed. The elected presidency was conceived as a check on a rogue government. In my view, people could become sceptical if only candidates endorsed by the government of the day can become President.
Yes, whoever becomes President should be suitably qualified. But that is for the PEC, not the government of the day, to decide.
Even Mr Nathan recognises that a true contest (as opposed to one engineered by the Government, as in 1993) may be necessary for legitimacy in the people's eyes. At the very least, it must be possible for a candidate not endorsed by the Government to mount a viable bid. But if the personal price of running is seen as too high or the odds perceived to be stacked against an independent candidate, then nobody will step forward.
And so, in trying to ensure that Singaporeans do not inadvertently elect a President who is not up to the job, our leaders may have — equally inadvertently — ensured that the elected presidency will forever remain a misnomer.
The writer is a lawyer commenting in his personal capacity.