Legal experts said today the legality of the Johor Housing and Real Property Board Bill, once passed by the state assembly, can be challenged in court as it will make the Johor Sultan part of the executive arm of the state government. – The Malaysian Insider file pic, June 6, 2014.
The legality of the Johor Housing and Real Property Board Bill, once passed by the state assembly, can be challenged in court as it will make the Johor Sultan part of the executive arm of the state government, constitutional lawyers said.
They said in a constitutional monarchy and parliamentary democracy system like in Malaysia, heads of state were above politics.
The lawyers said it was the executive (the menteri besar and the executive council) that was responsible to the state legislature and the head of state should not be dragged into the daily administration of the state.
Heads of state acted as an oversight mechanism and at best could only give advice the executive, they said, referring to reports that Johor will be the first state in Malaysia to give powers to the sultan to be involved in state administration if the Bill is passed by the state legislative assembly next week.
The Bill seeks to give the ruler authority over the institution's accounts and a direct hand in the development of real estate in Johor.
The Bill also contains a provision that empowers the sultan with the authority to dissolve the institution's board of directors and make new appointments.
Lawyer R. Kengadharan said the Bill ran contrary to the spirit of the Federal and Johor constitutions.
He said as a constitutional monarch, the ruler must be above politics, and including him as part of the state administration was also contrary to the state constitution.
"Even if the Bill becomes law, its constitutionality can be challenged in a court of law," he said.
Kengadharan said the Bill opened the way for the public to criticise the monarch as the people had every right to scrutinise the government they elected.
"Such a situation must be avoided at all costs because of the symbolic role of the ruler," he said.
Lawyers for Liberty executive director Eric Paulsen (pic) said it was questionable whether to have the ruler to oversee the board, especially on financial matters.
"Will the ruler be held responsible if there is mismanagement of funds or abuse of power?" he asked.
Paulsen also said the Bill has raised eyebrows as the ruler was reported to be involved in the sale of land to overseas investors and local businessmen.
Constitutional expert Dr Abdul Aziz Bari said the sultan had only authority over Islamic matters and any other involvement was against the concept of royal institutions and parliamentary democracy.
"The elected government is responsible for all administrative policies with the exception of religious issues," Aziz reportedly told Utusan Malaysia in a reaction to the proposed legislation.
He said it was the menter besar and his executive councillors who should be held responsible when they are questioned in the legislative assembly.
"In the hierarchy, the Malay rulers are placed above and have the authority over religion, but state administration matters do not fall under their purview," he said.
He said it was the party in power that had to go back to the people to get a fresh mandate once in five years.
"If their governance is flawed, who should be held responsible? That is the issue now,” he said.
- TMI
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