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Wednesday, October 24, 2007

Royal Intervention in Malaysia's Government? Dreaming the impossible?

Are you amongst those who have been following the fiasco we have in the current saga of the self proclaimed Imam Hadhari Abdullah Badawi's BN Government of the Kingdom of Malaysia?

Have you been reading the relevant articles in Raja Petra Kamarudin's Malaysia-Today web portal where Malaysians just like us have been writing comments dreaming of a royal intervention to put things right in the current regime?

Have you too come to believe in such an unconceivable turnabout from the Malaysian constitutional monarchy?

You can then call yourself a hopeless romantic or a believer in fairy tales.

Why do I say so?

Well, since when has the Malay Sultans taken charge of things and asserted their royal selfs over matters as important as the wellbeing of the people or the whole federation of united Malay states which we now call Malaysia?

I don't recall such a situation ever taking place since the fall of the Sultanate of Melaka in 1511 to the Portuguese conquerers.

From the pages of history, we all know that the Malay Sultans capitulated to the foreign powers times and time again, without putting up a fight against the colonials.

If there were any resistance, it was usually from the grassroots made up of the Malay chieftains and local warriors who loved their Sultans and Malay heritage more than the Royals themselves.

This current daydream of seeing the Supreme Head of Malaysia, in the person of the Yang di Pertuan Agong having it in his majesty to take to task the current do as he pleases Prime Minister to answer for the spate of extravagant expenditures in the name of 'Malaysia Boleh' seems to me like asking for the impossible to take place.


















Yang Di Pertuan Agong, the Supreme Head of Malaysia,
Al-Wathiqu Billah, Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah, Sultan of Terengganu and the 13th Supreme King of Malaysia.




















No doubt, that according to the Federal Constitution of Malaya then turned into Malaysia, there are certain provisions allowing the YDP Agong to exercise his authority as provided by the said constitution as follows:

Although the Constitution (Article 39) accords the Yang di-Pertuan Agong with executive authority, subject to the provisions of any federal law and of the Second Schedule of the Constitution, Parliament may by law confer executive functions on other persons.

Except as otherwise provided for by the Constitution as regards his position and authority, the Yang di-Pertuan Agong usually acts in accordance with the advice of the Cabinet or more specifically, of the Prime Minister, in the exercise of his functions. However, the Yang di-Pertuan Agong is entitled to and at his request, any information concerning the government of the Federation which is available to the Cabinet.

Although the Yang di-Pertuan Agong is to act on the advice of the Cabinet or of a Minister or after consultation with or on the recommendation of any person or body of persons (other than the Cabinet), His Majesty may act in his discretion in the performance of the three following functions, that is to say:

  • The appointment of a Prime Minister;
  • Consent or the withholding of consent to a request for the dissolution of Parliament;
  • The requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honor and dignity of Their Royal Highnesses, and any actions at such a meeting.

The appointment of a person (a member of Parliament) as the Prime Minister is based on his ability to command the confidence of the majority of the members of the House of Representatives. The appointment of members of the Cabinet and Deputy Ministers is made on the advice of the Prime Minister.

Articles 39 and 40 of the Federal Constitution state that:

39. Executive Authority of Federation

The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable subject to the provision of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive functions on other persons."

40. Yang di-Pertuan Agong to act on advice :

(1) In the exercise of his functions under this Constitution, or under federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government which is available to the Cabinet.

(1A) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with that advice.

(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:

  • The appointment of a Prime Minister
  • Consent or withhold consent of the dissolution of the Malaysian Parliament
  • The Requisition of a meeting of the Conference of the Royal Malay Rulers concerned solely with the privileges, position, honor and dignity of the Royal Highnesses and any actions at such a meeting.

(3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or a body of persons other then the Cabinet to exercise any of his functions other than:

(a)

functions exercisable in his discretion; and



(b)

functions with respect to the exercise of which provision is made in any other Article."

This provisions to act on their majesty's own has yet to be seen put to practice by any of our nation's Yang Di Pertuan Agong's.

This failure to stop the Prime Minister's abuse of executive powers has seen the institution of the Prime Minister of the ruling Government of Malaysia supersede the authority and supreme position of the elected Supreme Head of the Council of the Royal Malay Sultans and Raja's in the Rulers Conference.

Such superseding of authority by the office of the Prime Minister has given way to an emboldened approach of the subject to lord over his king in this country.

















Instead of the subject in the person of the appointed Prime Minister kneeling in reverence to the authority and majesty of the Malay Sultans, the previous Prime Minister of Malaysia in the person of Tun Dr.Mahathir Mohamad managed to pull off an executive assault upon the office of the Yang di Pertuan Agong by removing the King's immunity from legal prosecution and the formation of a Special Court to try their Majesties for any breach of conduct and transgresses by the Malay Royalties.

Today, the Malaysian judiciary has been exposed to be not free from legal wranglings and manipulation of power and positions as witnessed by the expose of the VK Lingam-Chief Justice videotape showing a senior lawyer speaking on the phone to the 'suspected' other party on the line to be none other than the highest judge of the land and fixing up positions, judicial candidates and other wheeling and dealing that none would be privy to save for the explosive secret videotaping of such a dialog by a party who is now being hunted down by the Anti Corruption Agency to step forward and identify himself so as to authenticate the video recording to facilitate further action against the two senior judicial officials in the tape.

The problem is that there are no such provisions to date in our legal system to offer protection to whistleblowers and as such the person is scared to death of coming forward.

Anwar Ibrahim, the former Deputy Premier who was sacked unceremoniously by Tun Mahathir and thrown into prison by the justice system then has disclosed a major portion of 8 minutes footage of the 14 minutes long video as a result of realizing the dangers of exposing the actual identity of the videographer who surely will be in mortal danger once exposed without being accorded at least a Royal Commission's protection from such harm is today facing the threat of being thrown back into prison himself if he fails to surrender the full version of the said video in his possession and disclose the identity of the person who took it to the ACA by today.

From the look of things, the Malaysian people especially those of us who are concerned about the way things are being run by the present administration, aren't very happy with the rough shod manner by which the current Prime Minister and his 'diarrhea of the lip' cabinet ministers are dismissing off all complaints and grouses against the injustice being carried out in the government.

Criminals and corrupt officials are simply being acquitted and discharged on the slightest excuse and this doesn't go well with law abiding citizens and as a result, even more than 2000 lawyers of the Malaysian Bar Council members staged a 'Walk for Justice' from the Palace of Justice to the Prime Minister's Office Complex in Putrajaya recently to protest the state of affairs in the rotten Malaysian judiciary and handover a memorandum to a representative of PM Abdullah Badawi who was in the US at the time.

Memorandums and protest notes do nothing to dislodge those who seem indifferent to the unhappy demonstrators and protesting citizens of this country.

Too many cases of the guilty ones escaping prosecution has somewhat driven many citizens of Malaysia up the wall and now they are clamoring for the intervention of the Yang di Pertuan Agong to put things right!

Will His Majesty rise to the occasion and fulfill the needs and wants of the Malaysian people?

I have my doubts whether such an impossibility might actually take place and prove me wrong when and if ever His Royal Majesty, Duli Yang Maha Mulia, Yang di Pertuan Agong, Al Wathiqu Billah, Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah, Sultan of Terengganu ever decides that enough is enough and finally steps in to stop the judicial rot and take charge once and for all?

At the end of the day, one might ask as to who is the King and who is the subject?

If Malaysia is to have Kings and Sultans ruling over this land, then for the sake of justice and peace, let us get rid of this current stalemate between the executive and the monarch!

Let the Yang di Pertuan Agong truly reign over us and get rid of this phony Islam Hadhari charade once and for all.

Islam has been revealed in perfection 14 centuries ago by Allah's Final Messenger to all mankind yet today we have in our midst an unscrupulous wheeling and dealing administration that thinks that all Malaysians are stupid and ought not question those ingrates about all the travesties of justice that they are pulling off at our expense!

Show up at Dataran Merdeka this 10th of November, 3.00pm and dress in yellow as a symbol of your love for the Yang di Pertuan Agong who seems to be the last hope for the future of this being taken for a ride nation by the current BN ruling airheads reaching for outer space!

Some say that if you fail to dream, you will definitely remain where you are right now, in the Malaysian quagmire of the daydreaming Abdullah Badawi 'Islam Hadhari' mirage.

I say, let's go and show our support for justice and hope that Tuanku Mizan Zainal Abidin will make our dreams come true...for once.

Daulat Tuanku! Daulat Tuanku! Daulat Tuanku!

May Allah Subhanahu Wa Ta'ala protect our King. Ameen. Ya Rabbal Alameen.

Dataran Merdeka. 3.00 pm. 10th November, 2007.

Dress Code: Yellow. Spread the word and come in peace for peace!