The Johor Housing and Real Property Board Bill, passed today by the legislative assembly, opened the floodgates on debate on whether the royal institution should be extended executive powers.
In its original form, the Bill contained clauses which gave the sultan powers to appoint the board members, determine remuneration, oversee board accounts and dissolve the board.
It resulted in pressure on Johor Menteri Besar Mohamed Khaled Nordin (left), including from within BN, to amend the Bill.
The Bill was later amended, but Khaled insisted that the state had not tried to extend the sultan's powers as the Bill was to be read with the state constitution.
For the first time since the issue erupted after Malaysiakini's exclusive report, the Johor Council of the Royal Court weighed in.
Its president Abdul Rahim Ramli's statement is reproduced in full below:
Ruler to act on advice
The Council of the Royal Court concurs with MB Khaled's clarification that the proposed Johor Housing and Real Property Board Bill must be read together with the provisions of the Johor State Constitution of 1895.
The provisions of the Bill are not meant to surrender absolute power to the ruler and therefore should not be construed as interference of the monarchy in the management of the state. Neither does it contravene the concept of constitutional monarchy.
In his wisdom in promulgating the state constitution, Sultan Abu Bakar envisaged the transition from a feudal state to a constitutional monarchy with a caveat; the ruler does not possess absolute power.
The core of governance under the system of constitutional monarchy is embodied in the Second Part of the Johor Constitution. Article 2(1) states the executive authority of the state shall be vested in the ruler but the executive functions may by law be conferred on other persons or authorities.
Article 7(1) categorically states in the exercise of his functions under the constitution, the ruler shall act in accordance with the advice of the state executive council (exco) or a member thereof acting under the general authority of the council. The Article further provides the ruler shall be entitled at his request any information concerning the government.
Article 7(3) authorises the state government to make provisions for requiring the ruler to act after consultation with or the recommendation of a person or a body of persons other than the exco.
Three advising bodies
The constitution spells out the three bodies that are competent to give advice to the ruler, namely the menteri besar (MB) and the exco, the Council of the Royal Court, and the State Pardons Board.
The ruler shall act on the advice and concurrence of the Council of the Royal Court on matters in which the ruler or the royal house or any member thereof may be concerned.
The ruler acts on the advice of the State Pardons Board in granting a pardon reprieve or respite in respect of any offence committed in the state.
Examples of the ruler acting on advice include that although the ruler at his discretion may appoint an heir and other heirs, or a regent, he does so with the advice and concurrence of the Royal Court.
The appointment of the state secretary, the state legal adviser and the state financial officer by the ruler under Article 6 of the Second Part is made on advice by the State Public Service Commission and the MB.
Although the ruler may at his discretion appoint an MB from among the legislative assembly a person who in his judgement is likely to command the confidence of the majority, such appointment is normally made after consultation and advice from the ruling party.
Similarly, the ruler acting on advice of the MB shall appoint members of the exco. The advice cannot be construed as applying political influence on the ruler. It is more a consensus of opinion in order to ensure the integrity of the government.
Sultan's other powers
It is with this spirit of consensus that various enactments regulating the powers and responsibilities of government authorities and commissions were legislated, with relevant provisions enabling the ruler to exercise his authority upon advice.
Among them are the Johor Corporation Enactment 1968, the Administration of the Religion of Islam Enactment 2003, and the State Secretary Incorporation Enactment, the Johor Education Foundation 1982 to name a few.
The Johor Corporation and other State Corporation and Foundation provided under the First Schedule were legislated in accordance with Act of Parliament No 380 Incorporation (State Legislatures Competency) Act 1962 revisited 1989.
Similarly, the proposed Johor Housing and Real Property Board Enactment will be legislated and incorporated following provisions and the Act. Therefore, it does not contravene the federal constitution.
The enactments of the various corporations provide for the ruler to appoint members of the board of directors from qualified persons, and in some instances to determine their remunerations and terms of office.
In most cases, the enactments require and appoint the MB as chairman to fulfil his role in advising the ruler.
Palace act as check and balance
Various Articles in the enactments provide for transmissions to the ruler, the minister and the state authority estimates of expenses, audited financial statements and annual reports respectively, and to cause them to be tabled at the state assembly.
Since these provisions do not require the ruler to approve the accounts and reports they should not be interpreted as the usurping of authority of the ruler. They constitute a check and balance mechanism in the management of the corporations.
The legislation of the Johor Housing and Real Property Board is in line with the provisions of the Act of Parliament and is consistent with the federal constitution. The ruler is bound by the constitution and by convention to act on advice.
Therefore there is no intrusion or conflict with democracy, constitutional monarchy, federal government policies or the federal and state constitutions.
His Royal Highness Sultan Ibrahim (above) is a wise ruler and listens to and acts on advice and concurrence. He is very well-versed in his constitutional rights and privileges and stays above politics.
The Royal Court assures there is no cause for concern that His Royal Highness will misuse his authority. He values and places his rakyat above all else.
The sultanate is an embodiment of all things wise, just and fair.
In its original form, the Bill contained clauses which gave the sultan powers to appoint the board members, determine remuneration, oversee board accounts and dissolve the board.
It resulted in pressure on Johor Menteri Besar Mohamed Khaled Nordin (left), including from within BN, to amend the Bill.The Bill was later amended, but Khaled insisted that the state had not tried to extend the sultan's powers as the Bill was to be read with the state constitution.
For the first time since the issue erupted after Malaysiakini's exclusive report, the Johor Council of the Royal Court weighed in.
Its president Abdul Rahim Ramli's statement is reproduced in full below:
Ruler to act on advice
The Council of the Royal Court concurs with MB Khaled's clarification that the proposed Johor Housing and Real Property Board Bill must be read together with the provisions of the Johor State Constitution of 1895.
The provisions of the Bill are not meant to surrender absolute power to the ruler and therefore should not be construed as interference of the monarchy in the management of the state. Neither does it contravene the concept of constitutional monarchy.In his wisdom in promulgating the state constitution, Sultan Abu Bakar envisaged the transition from a feudal state to a constitutional monarchy with a caveat; the ruler does not possess absolute power.
The core of governance under the system of constitutional monarchy is embodied in the Second Part of the Johor Constitution. Article 2(1) states the executive authority of the state shall be vested in the ruler but the executive functions may by law be conferred on other persons or authorities.
Article 7(1) categorically states in the exercise of his functions under the constitution, the ruler shall act in accordance with the advice of the state executive council (exco) or a member thereof acting under the general authority of the council. The Article further provides the ruler shall be entitled at his request any information concerning the government.
Article 7(3) authorises the state government to make provisions for requiring the ruler to act after consultation with or the recommendation of a person or a body of persons other than the exco.
Three advising bodies
The constitution spells out the three bodies that are competent to give advice to the ruler, namely the menteri besar (MB) and the exco, the Council of the Royal Court, and the State Pardons Board.
The ruler shall act on the advice and concurrence of the Council of the Royal Court on matters in which the ruler or the royal house or any member thereof may be concerned.
The ruler acts on the advice of the State Pardons Board in granting a pardon reprieve or respite in respect of any offence committed in the state.
Examples of the ruler acting on advice include that although the ruler at his discretion may appoint an heir and other heirs, or a regent, he does so with the advice and concurrence of the Royal Court.
The appointment of the state secretary, the state legal adviser and the state financial officer by the ruler under Article 6 of the Second Part is made on advice by the State Public Service Commission and the MB.
Although the ruler may at his discretion appoint an MB from among the legislative assembly a person who in his judgement is likely to command the confidence of the majority, such appointment is normally made after consultation and advice from the ruling party.
Similarly, the ruler acting on advice of the MB shall appoint members of the exco. The advice cannot be construed as applying political influence on the ruler. It is more a consensus of opinion in order to ensure the integrity of the government.
Sultan's other powers
It is with this spirit of consensus that various enactments regulating the powers and responsibilities of government authorities and commissions were legislated, with relevant provisions enabling the ruler to exercise his authority upon advice.
Among them are the Johor Corporation Enactment 1968, the Administration of the Religion of Islam Enactment 2003, and the State Secretary Incorporation Enactment, the Johor Education Foundation 1982 to name a few.
The Johor Corporation and other State Corporation and Foundation provided under the First Schedule were legislated in accordance with Act of Parliament No 380 Incorporation (State Legislatures Competency) Act 1962 revisited 1989.
Similarly, the proposed Johor Housing and Real Property Board Enactment will be legislated and incorporated following provisions and the Act. Therefore, it does not contravene the federal constitution.
The enactments of the various corporations provide for the ruler to appoint members of the board of directors from qualified persons, and in some instances to determine their remunerations and terms of office.
In most cases, the enactments require and appoint the MB as chairman to fulfil his role in advising the ruler.
Palace act as check and balance
Various Articles in the enactments provide for transmissions to the ruler, the minister and the state authority estimates of expenses, audited financial statements and annual reports respectively, and to cause them to be tabled at the state assembly.
Since these provisions do not require the ruler to approve the accounts and reports they should not be interpreted as the usurping of authority of the ruler. They constitute a check and balance mechanism in the management of the corporations.The legislation of the Johor Housing and Real Property Board is in line with the provisions of the Act of Parliament and is consistent with the federal constitution. The ruler is bound by the constitution and by convention to act on advice.
Therefore there is no intrusion or conflict with democracy, constitutional monarchy, federal government policies or the federal and state constitutions.
His Royal Highness Sultan Ibrahim (above) is a wise ruler and listens to and acts on advice and concurrence. He is very well-versed in his constitutional rights and privileges and stays above politics.
The Royal Court assures there is no cause for concern that His Royal Highness will misuse his authority. He values and places his rakyat above all else.
The sultanate is an embodiment of all things wise, just and fair.
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