Al-Wathiqu Billah Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah
Articles 32(1) and 32(2) of the Federal Constitution state that:
“32. Supreme Head of the Federation, and his Consort.
(1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under Part XV.
(2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation”
Articles 182 and 183 of the Federal Constitution provide that:
“182. The Special Court.
(1) There shall be a court which shall be known as the Special Court and shall consist of the Chief Justice of the Federal Court, who shall be the Chairman, the Chief Judges of the High Courts, and two other persons who hold or have held office as judge of the Federal Court or High Court appointed by the Conference of Rulers.
(2) Any proceedings by or against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity shall be brought in a Special Court established under Clause (1).
(3) The Special Court shall have exclusive jurisdiction to try all offences committed in the Federation by the Yang di-Pertuan Agong or the Ruler of a State and all civil cases by or against the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the cause of action arose.
(4) The Special Court shall have the same jurisdiction and powers as are vested in the inferior courts, the High Court and the Federal Court by this Constitution or any federal law and shall have its registry in Kuala Lumpur.
(5) Until Parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any High Court and the Federal Court shall apply in any proceedings in the Special Court.
(6) The proceedings in the Special Court shall be decided in accordance with the opinion of the majority of the members and its decision shall be final and conclusive and shall not be challenged or called in question in any court on any ground.
(7) The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of any act, under any written law, that may be occasioned by this Article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law.
"183. No Action to be instituted against the Yang di-Pertuan Agong or a Ruler except with the consent of the Attorney General personally
No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally.”
I am not interested to delve deep into the nitty gritty of legal definitions concocted by fellow human beings who tend to complicate matters and make a mountain out of a molehill in terms of jurisprudence and governmental rulings.
I prefer to keep things simple just as Almighty Allah Subhanahu Wa Ta'ala commands us to live by.
The recent developments in our country is bloody irritating and creates a situation of uncertainty as to who is our King and who is the true ruler of Malaysia per se?
The idea of putting up a pretext of having a Constitutional Monarchy and then curtailing the rights and the powers of their Majesties, the Malay Sultans is a sham and an insult to their Royal Selfs.
I don't give a hoot about other nations or countries. This is my nation and I am quite content with paying allegiance to my Yang di-Pertuan Agong and all the Malay Sultans befitting their majesty.
I don't give a hoot to all the other self elevating pretenders who puff themselves up with all kinds of dubious titles and grand honorifics.
That's why I choose to address them by just their names as to me I choose to whom I pay my respects to and whom to just accept as a fellow common being, that's my stand and my right of choice.
Apart from Allah Subhanahu Wa Ta'ala and Muhammad Sallalahu Alaihi Wassallam, the only other beings worth my respect are our Majesties, the Malay Sultans ...if Their Majesties conduct themselves in a manner befitting their Royal Selfs.
I am somewhat pissed off at seeing how the current airheads in government are trying to upstage the position of our Royal Sultans especially when I read about how Nazri Aziz says that the PM is not bound to listen to the advice by His Royal Highness the Yang Di-pertuan Agong, the Supreme king of Malaysia!
Will that refusal to listen to the Supreme King of Malaysia not be an act of treason?
Is that not an act called 'menderhaka kepada Duli Yang Maha Mulia, Yang di-Pertuan Agong'?
What a load of hogwash is this?
Here we have, only in Malaysia, a situation where the Royal Majesties are reduced to being just 'poster boys' and common sleepy airheads who got catapulted into a position of being a prime minister' get to rule over the Malay Sultans!
Imagine the audacity of these common subjects who kneeled and kissed the hands of their Majesties, the Sultans of the Malay States for their awards and temporary positions as ministers of this and that , get big headed and forget as to who is the subject and who is their Sultan or in this case the Yang di-Pertuan Agong?
What bloody hell kind of nonsense is this?
What bullshit kind of 'Setia kepada Raja dan Negara' are these idiots practicing?
What idiotic interpretation of 'Ketuanan Melayu' are these numbskulls talking about?
No wonder that this nation with all its pretensions of being a developing country explodes millions of ringgits worth of fireworks into the sky and plans on sending an astronaut into space comes across as the proverbial cockerel which crows and crows itself hoarse yet reeks with shit from its rear end with antics like these from the clowns we have masquerading as the government of this country!
The nation has been held to ransom by the idiots we have badmouthing us the citizens at every given opportunity and now they are being 'kurang ajar' to our Royal Majesties!
I wonder what else is the Yang di-Pertuan Agong, Tuanku Mizan Zainal Abidin and the Conference of Rulers waiting for before Their Majesties decide that enough is enough and that it is high time to teach these ingrates a serious lesson and put Malaysia back on track towards a more reasonable state , fair to every subject of this country, regardless of race or religion?
Here is the excerpt of the news report from The Sun2Surf online newspaper.
Nazri: PM not bound by advice of Conference of Rulers
KUALA LUMPUR (Sept 6, 2007): The prime minister is not bound by the advice of the Conference of Rulers (COR) on the appointment of judges, Minister in the Prime Minister's Department Datuk Seri Nazri Abdul Aziz says.
"It is merely an advice from the rulers which could be taken into account by the prime minister," he said in a written reply to a question from Karpal Singh (DAP-Bukit Gelugor) in the Dewan Rakyat (Parliament) today.
The DAP chairman asked whether the COR's suggestion on the appointment of judges had to be accepted and applied by the government without any question or whether the suggestions were merely advisory.
Nazri said in accordance with Article 122B(1) of the Federal Constitution, the Chief Justice of the Federal Court, President of the Court of Appeal, Chief Judge of Malaya and other judges of the Federal Court, Court of Appeal and High Court will be appointed by the Yang di-Pertuan Agong in accordance with the advice of the prime minister after consulting the COR.
“The principle of Article 122B(1) of the Federal Constitution is that the Yang di-Pertuan Agong should act in accordance with the advice of the prime pinister,” he said.
"In the event the COR is not agreeable or delay the prime minister’s suggestion in the appointment of a judge, the prime minister has the right to request the appointment of his proposed candidate.
“This is because according to Article 40(1A) of the Federal Constitution, the Yang di-Pertuan Agong is tied to the choice of the prime minister,” he said.
Nazri said the principle in question had been explained by the Court of Appeal in the case of Datuk Seri Anwar Ibrahim v PP (2000) 2 CLJ 570, which states as follows:
“To ‘consult’ does not mean to ‘consent’. The Federal Constitution uses the words ‘consent’ and ‘consult’ separately. For example, the word ‘consent’ is used in Article 159(5) of the Constitution, which states that the amendments to certain provisions of the Constitution cannot be passed by Parliament without the ‘consent’ of the COR.
"The Black’s Law Dictionary provides for the meaning of the word ‘consent’: Agreement, approval or permission as to some act or purpose especially given voluntarily by a competent person.
"So in the matter of the appointment of judges, when the Yang di-Pertuan Agong consults the COR, he does not seek its ‘consent.’ He merely consults so when the COR gives its advice, opinion or views, the question is, is the Yang di-Pertuan Agong bound to accept?
"Clearly he is not. He may consider the advice or opinion given but he is not bound by it. But Article 40(1A) of the Constitution provides specifically as to whose advice the Yang di-Pertuan Agong must act upon.
"Clearly, therefore, the Yang di-Pertuan Agong must act upon the advice of the prime minister. The advice is envisaged by Article 40(1A) is the direct advice given by the recommender and not advice obtained after consultation.
"So in the contest of Article 122B(1) of the Constitution, where the prime minister has advised that a person be appointed a judge, legally the prime minister can insist that the appointment be proceeded with …," he added.Updated: 08:13PM Thu, 06 Sep 2007