KHAIRY THE PHONY: Learn some constitutional law before you shoot your mouth - PKR

I refer to Khairy Jamaluddin’s attack in Utusan Malaysia & Malaysiakini on PKR Vice President N Surendran’s statement on the Bumiputra Economic Empowerment plan.

Khairy suggested that the PKR VP had questioned Article 153 of the Federal Constitution which gives limited special preferences to bumiputras. This is blatantly false; in fact, Surendran criticized PM Najib for ignoring the provisions of Article 153 and acting beyond its powers. This is a valid and important criticism; no government can be allowed to flout the laws and the Constitution with impunity.

It is crucial to note that Article 153 of the Federal Constitution is not a "carte blanche" to allow blatant discriminatory policies such as giving out GLC shares, contracts and other so called benefits to Malays only in the manner that has been announced by the Prime Minister.

Take some tuition in constitutional law before you shoot you shoot your mouth, KJ!

Article 153 very clearly states that the legitimate interests of other communities must be safeguarded and taken into account. The special preferences that is referred to in the constitution is limited to "positions in the public service and of scholarships, exhibitions, educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business"; and these too must be read to uplift poor Malays and not simply to arbitrarily give benefits to middle class and rich Malays.

The Constitution in Articles 153(4), (5),(6),(7), (8) and (9) specifically states such benefits must be granted reasonably and not at the expense of other races.

The PM’s announcement to give out cash aid, GLCs and housing in a blatantly discriminatory manner just to the Malays as a reward for the Malays’ support to BN in the GE13 is clearly illegal and unconstitutional.

Khairy’s question whether Surendran’s statement is personal or on behalf of the party betrays his racist Umno outlook, which is how the BN operates. Is he suggesting that a non-Malay leader cannot speak on issues relating to the Malay community?

Clearly, Khairy’s irresponsible statement is mere posturing in the run-up to the Umno elections, where he is being challenged for the position of Umno Youth Leader.

Latheefa Koya

Chair, Legal and Human Rights Bureau

Central Committee Member

Parti Keadilan Rakyat