Azalina Othman Said

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Template:Short description Template:Use Malaysian English Template:Use dmy dates Script error: No such module "Hatnote". Script error: No such module "infobox".Script error: No such module "Check for unknown parameters".Script error: No such module "Check for conflicting parameters". Azalina binti Othman Said (Jawi: ازلينا بنت عثمان سعيد; born 31 December 1963) is a Malaysian politician and lawyer who has served as the Minister in the Prime Minister's Department in the Barisan Nasional (BN) administration under former Prime Minister Najib Razak from July 2015 to the collapse of the BN administration in May 2018 and in the Anwar Ibrahim Cabinet since December 2022 as well as the Member of Parliament (MP) for Pengerang since March 2004. She served as the Special Advisor to Prime Minister Ismail Sabri Yaakob on Law and Human Rights from September 2021 to her resignation in August 2022, Deputy Speaker of the Dewan Rakyat II from July 2020 to her resignation in August 2021, Minister of Tourism from March 2008 to April 2009 and the Minister of Youth and Sports from March 2004 to March 2008 in the BN administration under former Prime Ministers Abdullah Ahmad Badawi and Najib Razak and Chairperson of the National Film Development Corporation from June 2015 to her ministerial appointment in July 2015. She created history by being the first female deputy speaker. She is a Member of the Supreme Council and Division Chief of Pengerang of the United Malays National Organisation (UMNO), a component party of the BN coalition. She also served as the Information Chief of UMNO since March 2023 and as the 1st Women Youth Chief of UMNO from April 2001 to September 2004.[1][2]

Early life

Azalina was born in Johor Bahru on 31 December 1963 to a father of Buginese ancestry and a mother of Arab lineage. She spent her early years in Penang where she received her elementary education at a Catholic school, Convent Green Lane.[3] Azalina started her tertiary education in Universiti Teknologi Mara (UiTM) (or Institut Teknologi Mara (ITM) as it was known then) by taking her Diploma in Public Administration (DPA). Upon graduating with ITM, she read laws in Universiti Malaya and graduated with a Bachelor of Laws (Honours.) or LL.B Hons. After graduating in 1988, she went on to further her studies at the London School of Economics and Political Science, United Kingdom and graduated with a Master of Laws (LLM) in 1990.

She first started her career in Malaysia as a legal assistant at Messr Raja Darryl & Loh law firm (1988–1989, 1991–1994). After gaining experience, she became an associate partner of Azalina Chan & Chia law firm (1994–2001) and with Messrs Skine (2001–2002).

In 2002, she formed a partnership with Messrs Zaid Ibrahim & Co [2002–2004], which is the largest law firm in Malaysia and later on with Zaid Ibrahim & Co. LLP, Singapore in 2003. Coincidentally, Zaid Ibrahim was also her cabinet colleague, having been appointed Minister in the Prime Minister's Department in-charge of Legal Affairs at the same time as her appointment as Tourism Minister.

Before getting involved in politics, she was the host of various television talk shows, mainly discussing about political, economic, and social issues, such as Dateline Malaysia and Lidah Pengarang on ntv7.

Political career

  • Minister of Youth and Sports Malaysia (31 March 2004 – 7 March 2008)
  • Minister of Tourism Malaysia (18 March 2008 – 9 April 2009)
  • Minister in the Primer Minister's Department (29 July 2015 – 9 May 2018)

Controversy

On 27 August 2022, Azalina said whoever became prime minister would usually appoint "one of their own" to become the AG, a post which came with wide-ranging powers.[4] Her comments drew criticisms from Bersatu and Pakatan Harapan leaders.[5][6]

Malaysia-Sulu Case

Script error: No such module "Labelled list hatnote". Azalina has been a leading critic of the claims made by the alleged heirs of the Sulu Sultan in the Malaysia-Sulu Dispute. The Japan Times called her a figure at the "forefront of several large and international headline-grabbing developments — including the scrapping of the country's mandatory death penalty and a June victory in a protracted legal battle that has come to be known as the "Sulu case".[7] Azalina has called the arbitration case as well the arbitrator in the case, Gonzalo Stampa, a sham. "We knew that the arbitration award was a sham, it's a rogue arbitrator, it's a sham award," the Japan Times reported her as saying.[7]

Azalina also called on the Sulu claimants to take their claims to the International Court of Justice (ICJ) if they had valid proof of their ancestry, saying the case was not commercial in nature but "one of sovereignty".[8]

In June 2023, Azalina demanded the Sulu claimants to pay Malaysia the cost of litigation, in response to a claim made by one of the lawyers of the purported Sulu heirs, Paul Cohen.[9] Cohen had earlier announced that he would file another claim at another European court after the arbitration award by Stampa was struck down.

"The guarantee of this government is that we will fight to the end. But while fighting, I want the costs to be paid first. You talk like a hero but pay the cost first. You tell him (Cohen) if you want to fight, then fight fairly. Don't jump from jurisdiction to jurisdiction," she said at a press conference.[9]

On 17 May 2024, the Madrid Court of Appeal upheld the contempt of court conviction and sentence against Stampa, upholding his six-month prison sentence, and a one-year ban from practising as an arbitrator.[10] Commenting on the decision, Azalina said, "In its judgment, the Madrid Court of Appeal confirms that Stampa knowingly and wilfully disobeyed the clear rulings and orders of the Madrid High Court of Justice resulting from the nullification of his appointment as arbitrator."[10]

On 6 September 2024, the Dutch Supreme Court rejected an appeal by the Sulus to enforce the US$15 billion arbitration award against Malaysia.[11] Azalina celebrated the ruling, which came as a continuation of previous decisions in Malaysia's favour, such as those by the Hague Court of Appeal upholding Malaysia's challenge against the award, and the Paris Court of Appeal annulling an attempt by the Sulu group to mortgage a Malaysian diplomatic building in Paris.[12]

On 7 November 2024, the French Court of Cassation—the highest court in the French judicial system—annulled a $15 billion arbitration ruling against Malaysia.[13] This decision marked a significant legal victory for Malaysia and reinforced its sovereignty in a dispute with the self-proclaimed Sulu heirs.[13] The ruling highlighted irregularities in the arbitration process led by Gonzalo Stampa and raised concerns about practices such as forum shopping and unregulated litigation funding in European courts.[14][15]

The French court's decision was deemed a significant "win" for Malaysia that effectively marked the end of the Sulu case by several publications, including Law.com and Law360.[15][16] Keith Ellison, former vice-chairman of the Democratic National Committee and Minnesota attorney general, pointed out that the case highlighted the enormous scope for "corruption," irresponsible profiteering, and foreign influence operations to subvert arbitration proceedings".[17]

Following Malaysia's legal victory in the French Court, Paul Cohen argued that the ruling allows the Sulu heirs to lease Sabah to other nations, such as China and the Philippines. Cohen also suggested that accepting the French court's decision implies recognition of the Sulu Sultanate descendants' sovereignty over Sabah, which Malaysia disputes.[18] Subsequently, Cohen filed an $18 billion suit against Spain, alleging his clients had been denied justice.[19]

In response, Azalina dismissed Cohen's statements as baseless and reaffirmed Sabah's status as part of Malaysia, citing historical and legal foundations such as the Cobbold Commission and the 1963 referendum.[20]

Azalina said the self proclaimed Sulu heirs had "challenged the limits of Malaysia’s sovereign immunity, exposing how third-party funding was misused to prolong baseless claims against Malaysia through highly deceptive means".[21] She also announced that the next hearing of the case would be in July 2025.

The French Court had declared the arbitration clause in the case invalid because it appointed the long-defunct British Consul General in Brunei as arbitrator, a position that no more exists. [19] The decision also underscored that an international arbitration agreement shall be interpreted in accordance with the principles of good faith and utility, “without reference to the law of any State”.[22]

University of Paris Cité Professor Caroline Kleiner claimed that the case marked a major shift in arbitration law and hearing.[23] Reported in the Kluwer Law International, Keleiner said the decision would help French courts participate in the development of international law on the enforcement of foreign arbitral awards per a universalist approach, rather than the trend of exceptionalism that is currently being pursued.[24]

ElProgreso said stricter supervision of third-party litigation funding was required, including limits on potential awards, greater transparency in funding arrangements, and measures to avoid unnecessary costs and delays.[25] Spain's Diario Siglo also called for reforms in Spanish arbitration system to avoid instances like Cohen's $18 billion claim in the future.[26]

Election results

Parliament of Malaysia[27][28][29][30][31][32][33]
Year Constituency Candidate Votes Pct Opponent(s) Votes Pct Ballots cast Majority Turnout
2004 P157 Pengerang Template:Party shading/Barisan Nasional | Azalina Othman Said (UMNO) Walkover
2008 Template:Party shading/Barisan Nasional | Azalina Othman Said (UMNO) Walkover
2013 rowspan=2 Template:Party shading/Barisan Nasional | Azalina Othman Said (UMNO) 26,992 83.64% Template:Party shading/Keadilan | Tengku Intan Tengku Abd Hamid (PKR)[34] 4,484 13.89% 33,067 22,508 87.02%
Template:Party shading/Independent | Mohd Azaman Johari (IND) 795 2.46%
2018 Template:Party shading/Barisan Nasional | Azalina Othman Said (UMNO) 21,829 67.71% Template:Party shading/Keadilan | Norliza Ngadiran (BERSATU) 10,412 32.29% 33,580 11,417 82.96%
2022 rowspan="2" Template:Party shading/Barisan Nasional | Azalina Othman Said (UMNO) 21,738 51.96% bgcolor=Template:Party color | Fairulnizar Rahmat (BERSATU) 16,728 39.98% 41,840 5,010 75.64%
Template:Party shading/PH | Che Zakaria Mohd Salleh (AMANAH) 3,374 8.06%

Honours

Awards

See also

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References

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  3. An Umno that thinks beyond race, 11 October 2010, Ding-Jo Ann, The Nut Graph
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