The deputy prime minister made reference to the separation of power when commenting on the statement of the Rulers over the need for investigations on 1MDB and the 2.6 billion Ringgit in Najib’s account to be expedited. Is this a breach of the assumed separation of powers between the Rulers and the Government?
It is true that the Agong and the Malay Rulers are constitutional monarchs. But that does not mean that they are just rubber stamps to validate all the acts of their governments.
Sec 39 of the Federal Constitution (State constitutions follow closely that of the Federal constitution) states clearly that “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 any Minister authorised by the Cabinet, but the Parliament may by law confer executive functions on other persons.
Section 40 states clearly that the Agong shall be entitled, at his request to any information available to the Cabinet.
These two sections clearly gives the Yang di-Pertuan Agong some executive roles.
Section 40 para (2) clearly states the Yang di-Pertuan Agong may act in his discretion in the performance of;
a) the appointment of the Prime Minister
b) the withholding of consent to a request for dissolution of Parliament
c) Federal law may make provisions for requiring the Agong to act after consultation with or on the recommendation of any person or body of persons
In the recent past we have seen Rulers rejecting nominees by the majority party for the office of Menteri Besar.
Should the Prime Minister request for the dissolution of Parliament, the Agong may reject.
Again we see here that the Agong and the Rulers may act on their own discretion. They may also consult and accept recommendations of any person or body of persons.
Obviously if petitions are made or there is a public clamour, the rulers may not have to listen only to the Cabinet.
King is the supreme commander of the military, not Najib
Section 41 unequivocally states that the Yang di- Pertuan Agong shall be the Supreme Commander of the Armed Forces of the Federation. Clearly it is not just the privilege of wearing the uniform.
What is clear is that nothing in the Constitution talks about the separation of power between the Government and the Agong. In fact in many instances the Agong may act at his own discretion.
And the Agong may listen to other people than the Cabinet. This is only as it should be as failure of the Cabinet to address complaints by the people may require the Agong and the Rulers to urge the Government to respond.
In making their statement the Rulers were not in any way exceeding the provisions of the constitution. They were in fact abiding by the provisions of the constitution.
Najib is the one breaking the separation of powers
On the other hand the same cannot be said regarding the principle of the separation of powers between the legislative, the executive and the judiciary.
Currently the Prime Minister as head of the elected legislators is clearly not respecting these principles.
For example officers of the administration who were investigating 1MDB and the 2.6 billion Ringgit account have been transferred out to the Prime Minister’s Office, resulting in their stopping their work. Their replacements apparently was with approvals of the Prime Minister.
Officers of the MACC have been similarly treated, again resulting in the investigations being obstructed.
The Attorney-General, a member of the judicial establishment have been removed while he was carrying out the task of preparing the said case for the courts. In his place a judge was transferred to take over as AG. This is actually usurping the powers of the judiciary.
The AG was said to be sick, but he denied he was sick. As far as is known no medical certificate certifying that he was sick seem to have been issued.
Rulers duty-bound to protect people from oppressive govt
All these are public knowledge. The Rulers may have heard and probably received petitions on the authoritarian disregard for the law and rules of Government.
The citizens of this country are the subjects of the Rulers. As Rulers they must care for the welfare of the people.
If in their opinion the Government should allow expeditious investigations to be carried over the issues of concern to the people and the country it is the duty of the Ruler to make known to the Government the dissatisfaction of the people over the issue and to ask for the matter to be attended to. -http://chedet.cc/
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