SULTAN Muhammad V cannot be removed as the Yang di-Pertuan Agong because he is allegedly married to a foreigner, said former attorney-general Mohamed Apandi Ali.
He said marriage to a foreigner is not listed as reason for the removal of the Agong in the federal constitution, adding that the king can be removed only if there is a valid cause.
Even then, he said, this can be done only through lawful means, where the Agong can defend himself.
“Marriage to a foreigner is not a good enough cause to call for the king’s removal because it is not listed in the Third Schedule of the federal constitution. He can still carry out his duties,” Apandi told The Malaysian Insight.
Sultan Muhammad V, who is the Kelantan ruler, is the subject of rumours that he may be asked to abdicate following his reported marriage to former Russian model Oksana Voevodina. Istana Negara has neither confirmed nor denied the wedding.
It was also reported that the Malay rulers had an unscheduled meeting on Wednesday night, purportedly to discuss a matter regarding the monarchy.
Apandi said an unofficial meeting of the Malay rulers cannot remove the Agong.
“If there is a move to remove the king, there must be a rulers’ conference, or a meeting where the king is present, where he can hear about his alleged faults and defend himself,” he said during the interview at his office in Kuala Lumpur.
“You cannot simply gang up and decide the matter in a hush-hush manner. For example, you cannot remove him just because you don’t like his face.
“It must be done according to the law. The law provides for the right to be heard, especially if the decision will adversely affect the person in question.”
Under the constitution, a ruler is qualified to be elected as the Agong unless he is a minor or has notified the Keeper of the Rulers’ Seal that he does not desire to be elected, or the Conference of Rulers, by way of a secret ballot, resolves that he is unsuitable, due to infirmity of mind or body, or for any other reason, to exercise the functions of the king.
A resolution of the Conference of Rulers to remove the Agong shall not be carried out unless at least five of the nine members vote in favour of it.
“Although the law does not state there must be a tribunal, there must be a proper hearing and tendering of evidence to disqualify him from being the king, as he was earlier deemed qualified,” said the Kelantan-born Apandi.
“They cannot remove him by way of a circular resolution. They must convene. And to convene, there must be a notice.
“Those who want to remove him must present their case. Like any trial, the prosecution must present their case. Those who allege wrongdoing on his part must prove the said wrongdoing.”
He said the Agong has the right to be represented because his reputation and position are at stake.
“Whatever is said on social media is shrouded in mystery and affects the position of the king. So, when there is no official statement issued, it is fair for the government to consider it fake news.”
Apandi urged the Keeper of the Rulers’ Seal, who acts as secretary to the Conference of Rulers, to issue a statement on the matter as soon as possible.
“In the selection of the king, the prime minister has no say. Even governors have no say. Only the nine rulers do. There cannot be interference by politicians.
“That’s my concern because the situation now is unhealthy.”
Prime Minister Dr Mahathir Mohamad yesterday said he has no knowledge of Sultan Muhammad V’s rumoured intention to abdicate.
He said he, too, heard the rumours, but has not received official information.
“Like you, I have heard rumours. I didn’t receive letters or any official indication… so I am not going to talk about it.”
Also yesterday, Sultan Muhammad V was seen in public, performing Friday prayers at Masjid Al Sultan Ismail Petra in Kubang Kerian.
The Agong was welcomed upon arrival by Kelantan Menteri Besar Ahmad Yakob and state Mufti Mohamad Shukri Mohamad, as well as excos and state civil servants.
After Friday prayers, the congregation held “solat hajat”, praying for the Agong’s smooth resumption of duties following the end of his two-month leave.
– https://www.themalaysianinsight.com
Saya nak tanya kpd sapa2 yang arif pasal constitution ini....kalau sesaorang raja/ agong didapati mengambil dadah serta menjadi ketagihan dan sering berada di bawah pengaruh dadah...maka bolehkkah baginda diturunkan...
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