UMNO SMOKESCREEN? Not the Sultan but the state govt that proposed Johor bill - royal council

The Sultan of Johor was not behind the state's Housing and Real Property Board Bill 2014 which drew criticism for allowing the ruler to have a hand in the state administration, the Johor Royal Council said today.

Council president Datuk Abdul Rahim Ramli told a press conference that the ruler does not interfere in the state government's affairs and that the Bill, which was later amended to reduce the sultan's power, was written up by the government.

"It was not the sultan (who created the Bill). The sultan does not interfere in state administration. It is the state government's right to propose any laws that could benefit the rakyat," he said.

Amendments

He dismissed speculation that the sultan had initiated the Bill, and that Johor Menteri Besar Datuk Seri Mohamed Khaled Nordin had been forced to follow the sultan's wishes.

Abdul Rahim pointed out that if the sultan had vested interests in the Johor Property and Housing Commission (JPHC), he would not have "magnanimously" agreed to the Bill's amendments, which had removed or restricted his authority over the proposed housing board.

The amendments, which were made today, no longer gave the sultan the power to determine the remuneration or allowances of board members.

The sultan’s power to direct any person to investigate the books, accounts and transactions of the board has been removed, and he no longer can direct the board to be wound up and dissolved.

The board no longer has to submit to the ruler its accounts, an estimate of the expenses for the following year and a report of its activities in the preceding year. Nor does it require the sultan’s approval to establish a corporation.

Instead, all those powers are vested solely in the state authority.

Similarly, the sultan can only appoint members of the board on the advice of the menteri besar. The sultan’s approval for the appointment of the director is also on the advice of the menteri besar.

Either the sultan or the menteri besar can decide to revoke a member’s appointment, as opposed to the sultan having the sole authority to do so.

The amendments were made following public outcry over the administrative powers given to the sultan. Critics said it violated the Federal Constitution.

Does not contravene federal constitution

But Abdul Rahman denied this, saying: "The provisions of the Bill are not meant to surrender absolute power to the ruler and therefore should not be misconstrued as interference of the monarchy in the management of the state.

"Neither does it contravene the concept of constitutional monarchy."

Even though the Bill had originally given the sultan power to, among others, appoint members of the board, Abdul Rahim stressed the ruler was bound by the constitution and by convention to act on advice regardless.

He likened the provision to the sultan's power of appointing the menteri besar, which was also done after consultation with certain parties.

"Although the ruler may at his discretion appoint a menteri besar from among the legislative assembly... such appointment is normally made after consultation and advise from the party."

Abdul Rahim added that the power vested in the sultan in appointing board members was in line with the Act of Parliament No. 380 Incorporation (State Legislatures Competence) Act 1962 revised 1989.

"They (the provisions in the Bill) constitute a check and balance mechanism in the management of the corporations," he said. TMI