Immunity in the carrying on of the Government of Brunei Darussalam is a good effective thing. Discuss.

Immunity in the carrying on of the Government of Brunei Darussalam is a good effective thing. Discuss.
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Brunei Darussalam is a sovereign state and Malay Islamic Monarchy is the national political philosophy. It was a British protectorate state until 1984 when Brunei officially declared full independence. The British historical influence is inherent in the legal system, and judiciary based on English common law and the structure of the English court system. However a departure from the English system, Brunei law is borrowed from other commonwealth countries such as Malaysia . As an Islamic country, Islamic Syariah Court complements the court system in Brunei Darussalam.

The Sultan of Brunei is the supreme ruler being the Head of State, Head of Islam religion, Prime Minister, Defence Minister and Finance Minister. Holding much executive powers may be too overwhelming for some leaders but the working monarch’s wisdom in governance is highly respected and this provides stability in governance although the country has its own Legislative council. Under The Constitution of Brunei Darussalam Article S84B(1), His Majesty the Sultan of Brunei has sovereign immunity which gives him the immunity from being taken to any court in or outside Brunei. While Article S48B(2) gives statutory immunity to Brunei government (civil servants in his official capacity) from being sued before the courts.

Civil servants enjoyed this immunity shield and being protected by a legal robe non-existent elsewhere. However it breeds complacency, negligence, arrogance and abuse of power which is detrimental to the workings and image of government organizations. In this globalisation climate, public service of a country cannot afford to be ineffective. Political stability in Brunei Darussalam may be a pull factor for foreign direct investments but public sector incompetency and red tape bureaucracy are definitely push factors.
Despite its political stability, which is attractive to foreign direct investments, government immunity threatens Brunei’s potential to be an investment centre (Brunei Chief Justice Dato Sir Denys Roberts, 2001). Relevant government ministries and departments as well as the Brunei Economic Development Board are working very hard on improving business environment in order to attract FDIs. According to World Business Rank, Brunei’s ranking for Ease of Doing Business has moved up to 79th place in 2013 from 83rd (out of 183) in 2012 although incrementally. However, Brunei remains very unattractive as far as ranking for Starting a Business is concerned, being at 134th in 2011 down to 136th (out of 183) in 2012 . This is due to the bureaucratic and legal obstacles a business owner must overcome to register and incorporate a new firm. These unhealthy look on the FDIs perspective are to some degree attributed to government immunity which rears procrastination among civil servants.
Court cases where government immunity is not given for example:
Kuan Kwai Choi v Ak. Zaidi bin Pg Metali (1992) JCBD 299 (HC) (appeal against damages dismissed in (1993) JCBD 97 (CA))
Brunei in world stage as a member of WTO, OIC, APEC and ASEAN among others. What are the weaknesses and threats of government immunity? What should Brunei do to face the challenges of globalization?
Future recommendations – should immunity be retained or not? How?
Sovereign immunity to be retained?

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