CLEARING THE AIR ON MONARCH’S ROLE

Syed Haizam Jamalullail, The Star

FIVE years ago, I co-wrote an article with Tunku Abidin Muhriz in this newspaper entitled, “The democracy of a constitutional monarchy.”

We noted the role of the constitutional monarchy and highlighted that the Malaysian Rulers have, “made many important decisions as required by the Federal Constitution, and had acted as a check-and-balance in the interplay between the branches of government.”

Recent events demand a follow-up of sorts.

Undoubtedly, due to my familial relationships, there will be scepticism on the points that I make but I do believe that these points must be made and understood given the plethora of misguidance circulating in the past few weeks.

I am far from and do not pretend to be a “constitutional expert”, nor am I even a qualified lawyer as I have chosen a different profession after my legal education, so please take my points objectively and do make your own conclusions.

The recent situation in Selangor with regards to the appointment of Azmin Ali as the new Mentri Besar was a very delicate issue. However, his appointment still has not quelled critics who have stated that it was not in line with the provisions of the Selangor constitution.

This statement is perhaps perplexing as it is stated very clearly in the Laws of the Constitution of Selangor, 1959, Article 53(2a) that the Sultan possesses a clear and distinct role in appointing the Mentri Besar.

The person to be appointed as Mentri Besar is a “member of the Legislative Assembly who in His judgment is likely to command the confidence of the majority of the members of the Assembly”. Furthermore, Article 55(2a) highlights that, “His Highness may act in His discretion in the performance of the appointment of a Mentri Besar.”

What is not within the constitution is the free and reckless use of statutory declarations. Let us not forget that this document can be withdrawn and changed at any given time and so it is far from conclusive.

As my co-author in the previous article recently wrote, “it was just a few years ago that the nation learned how worthless they (statutory declarations) could really be: retractable documents that could be made under coercion and easily superseded… by another statutory declaration.”

Its use can also set a dangerous precedent as it has been utilised outside the state assembly and is in fact attempting to force the Sultan’s hand.

If the Sultan has doubts over the validity of the statutory declarations, then in his judgment the proposed candidate may not have the command of the majority. This fact gives the Sultan the right to consider other candidates.

There is nothing in the consti­tution to suggest that the first person who can show that he or she has the majority support will be rightly appointed and there is a possibility that more than one person can have the command of the majority.

To conclude this saga that was created by an internal party issue, the Sultan of Selangor has appointed Azmin, a Selangor state assemblyman from PKR that in, “his judgment will likely command the confidence of the majority of the members of the Assembly,” clearly within His rights in the constitution.

Following on from the statements on Sept 22 by the secretary-general of DAP, Lim Guan Eng, and the president of PKR, Datuk Seri Dr Wan Azizah Wan Ismail, in support of Azmin, this decision seems to have been justified.

Let us not forget that not too long ago, the three parties within Pakatan Rakyat were in opposition and so the Sultan also had to determine whether a united and formidable state government could be formed, led by the right individual.

What the new Mentri Besar must now do is to concentrate on executing his responsibilities as was clearly stated out in his swearing-in ceremony.

Within his 10 “Aku Janji” pledges, it included a pledge “to discharge his duties with the highest integrity, responsibility, trust, honesty and sincerity; to give priority to the people’s interest so long as they did not affect the interest, stability, prosperity and safety of the state”.

Yang Amat Berhormat Mentri Besar Selangor, let us not waste anymore of the rakyat’s time and please serve the people to the best of your ability without undue external interferences.

In 1986, the late Sultan Azlan Shah wrote, “it is a mistake to think that the role of a King is confined to what is laid down by the Federal Constitution. His role far exceeds those constitutional provisions.”

In the 21st century, citizens have the ability (and the right) to judge monarchs in how they perform their roles. But what too many citizens for­­get is that the monarchs represent an institution that goes back centuries and may endure for centuries more: theirs is the long-term view.

Politicians rarely look beyond the next election; especially elections of their own creation. The actions of our Rulers have been more evident at a time when it is most needed and at a time when impatience and weak political integrity have led to an uncertain environment.

The writer holds an MA (Honours) in Human Sciences from the University of Oxford and a Graduate Diploma in Law. He is currently an Operating Principal at an investment firm.