PARLIAMENT | Bersatu’s Fathul Huzir Ayob (PN-Gerik) questioned whether Prime Minister Anwar Ibrahim had bypassed his responsibility to Parliament by signing the Malaysia-US agreement on reciprocal tariffs.
During his debate on the king’s royal address in the Dewan Rakyat today, Fathul said he based this on Article 43(3) of the Federal Constitution, which imposes on the cabinet a collective responsibility to Parliament.
“This agreement also involves strategic issues, such as rare earth elements, so the question arises whether this matter has been referred to the Conference of Malay Rulers and involved the state governments and the menteris besar, who have jurisdiction over these resources.
“So my question is, why did the prime minister sign this agreement without the consent of the Yang di-Pertuan Agong or the Conference of Malay Rulers or by passing a bill in Parliament to approve the deal in line with Article 69 of the Federal Constitution?” Fathul asked.
Article 69 outlines the federation’s power to make contracts as well as its ability to sue and be sued.
On Jan 19, Fathul, along with four other PN MPs, filed an originating summons at the Kuala Lumpur High Court to challenge the Malaysia-US agreement on reciprocal tariffs, deeming it unconstitutional, null, and void.
The other four are Rosol Wahid (Hulu Terengganu), Awang Hashim (Pendang), Mas Ermieyati Samsudin (Masjid Tanah), and Abdul Khalid Abdullah (Rompin).
Court documents sighted by Malaysiakini showed that the MPs had named Anwar, the attorney-general, and the government as the first to third defendants.
In the originating summons application, the MPs are seeking several court declarations, including that Anwar had no constitutional authority to bind the federation to the trade deal.
‘Future pawned off with a single pen’
Commenting on this, Fathul claimed that the legal action was not political in nature, but instead aimed to preserve the country’s and the Constitution’s sovereignty.
He further asserted that he was not rejecting the US outright, stressing the need to prioritise national interests.
“We do not want the nation’s future to be pawned off just because of a single pen, through agreements that are not yet finalised, are not transparent, or are riddled with uncertainty.
“It is not right for us to risk national interests, national sovereignty, and the rights of future generations to cede to pressure from external forces,” he added.
The filing of the originating summons followed Rosol’s letter of demand issued to Anwar in December last year, urging him to explain the powers that enabled him to sign the trade deal with the US.
Anwar had signed the deal on Oct 26, 2025, which is supposed to boost economic activity between Malaysia and the US.
He told the Dewan Rakyat, on Nov 18, that Malaysia stood firm on three key sectors deemed “sensitive” to US interests, namely rare earth, semiconductor, and currency denomination. - Mkini
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