We are a parliamentary democracy governed by a written constitution

We have not had a parliamentary sitting since the new government was formed.

The prime minister who was the home minister in the previous government and who was deputy prime minister in the government before that has considered it necessary to prorogue Parliament until May 18. It will sit for one day and will then be adjourned again.

Why is he doing that? The widespread belief is that he does not want a motion of no confidence moved against him. He now feverishly works to consolidate his majority in parliament. Positions in government-linked companies (GLCs) are being dished out like candy.

These positions come with generous emoluments and with perks, privileges, and considerable prestige. Qualifications and relevant experience for the position are not considered necessary. All MPs are qualified to head GLCs, said one PAS politician.

The prime minister when launching the economic stimulus package acknowledged that his government was not the government that the people elected and pledged to be a prime minister for all Malaysians.

We are a democracy and in a democracy, we elect our representatives to parliament and the state assemblies. The party that enjoys the confidence of the majority will form the government and elect the prime minister. We need a stable government of our choosing in power, and we need a government that serves the people.

There is also a role for the opposition in a parliamentary system. Because of the lockdown, we do not see much activity from the opposition. There are alarming allegations of opposition members of Parliament (MPs) not getting their allocations and food aid not reaching their constituencies. Given that many of the opposition MPs serve non-Malay majority constituencies that would be an alarming development if true.

There is little evidence of cross-party consultation on the economic stimulus packages or the financial assistance being given to businesses, the unemployed and the poor. Given that the opposition probably represents at least 40 to 50 percent of the population that cannot be right. Democracies throughout the world engage with all parties and with all stakeholders during this global crisis.

There is also the fact that this government has only a nominal Chinese and Indian presence. The previous government had made a start in making our government a multiracial one. That situation has been reversed by the Perikatan Nasional (PN) government.

It is not right that between 40 to 50 percent of our population do not have effective representation in Government. With parliament becoming active there will at least be the participation of non-Malays in the debates and discussions that lead to the formulation of policies and plans of the government.

Those not represented will include the owners of many small and medium enterprises who are the backbone of our domestic economy. Given the expected slowdown in our economy, coupled with the low price of petrol and palm oil, we must do all we can to help, motivate and incentivise those who run businesses that employ so many workers and pay a substantial amount of taxes.

There are those in the present government who believe that non-Malays should not be in government.

Such attitudes ignore the scheme, structure, and provisions of our Federal Constitution which is our supreme law. We are irrevocably and irretrievably a multiracial society governed by law, and all laws must be consistent with the safeguards and guarantees contained in the constitution.

Any law that contravenes the constitution or any of its provisions is null, void and of no effect. These constitutional provisions set up inter alia the democratic structure of our government and declare forever the equality of all our citizens whatever their race, religion or gender

And yet, we have in this government those who would deny Malaysians who are not Muslims equality. All rational persons will know that this is wrong. There will be challenges both political and legal if there is the exclusion of non-Malays from the government. Our system will be tested. Our judiciary will be called to adjudicate on these issues, and what they decide will set the seal on things to come.

Equality of all citizens

Our government has taken a strong position on injustice throughout the world. It condemned apartheid and supported Nelson Mandela and the ANC in their fight to dismantle apartheid. We have spoken loudly in international forums on injustice wherever it occurred in the world. In Palestine, in Bosnia and Kosovo and Myanmar. We cannot be quiet when injustice takes place in our own country.

Our situation was quite different in 1957 and for many years after that. Negotiations with the British for an independent Malaya was made by and between leaders of all the major communities in Malaya, the Malay Rulers and the British.

The constitution brought all the states of Malaya into a single federation. It made us a parliamentary democracy with two houses of Parliament, state assemblies, a civil and administrative system, a judicial system. It brought in concepts like the separation of powers, the rule of law, and the independence of the judiciary.

The constitution sets out and guarantees the fundamental liberties of all its citizens. These include the equality of all citizens and the unlawfulness of discrimination.

Malaya became Malaysia in 1963 with Sabah and Sarawak forming the Federation with Malaya. Many indigenous people from these states were added to the multiracial fabric of this nation. Article 153 was formulated to protect the Malays and later amended to include all Bumiputras. That provision should continue to be respected and adhered to.

'Reconvene Parliament sensibly'

The New Economic Policy was formulated and implemented because at that time its need was accepted. A historical anomaly had to be corrected. Many of its objectives have been achieved.

The pandemic has shown the underbelly of our nation. The huge number of poor families and our dependence on foreign workers. The poor come from all races. And they must be made a priority of the government. Assistance should be given based on need and not on race. We are one nation. Perhaps it is time for Onn Jaafar’s vision to be realised.

For how long can parliament be prorogued? In the end, the legitimacy of a government comes from the people. And the people speak through their elected representatives. That cannot be changed.

The Federal Court has ruled quite firmly that the scheme or structure of our constitution can never be changed or altered or removed by amendment no matter what the majority. In other words, the country will always remain a democracy. The powers of the judiciary will devolve through the constitution, and judges will always remain independent and citizens whatever their race or religion shall always be equal.

These previsions largely remain as they were originally formulated. It is necessary to remind those in power of the existence of our constitution and its provisions. They should also be reminded of the limits of their power and authority. All nations fear a movement towards authoritarianism during a crisis. A retired English Supreme Court judge has issued a caution in respect of similar trends in the United Kingdom.

We, therefore, urge the government to reconvene parliament sensibly. There are important issues to discuss and laws to pass. There is a reform agenda that the prime minister was party to when he was with Harapan. These reforms are good for the nation and all its people. The PN Government should find much of it acceptable.

Social distancing rules can apply during parliamentary proceedings. The nation has been called back to work. And so must parliamentarians. We are a major trading nation, and we aspire to be a developed nation. We cannot ignore any segment of our population. We cannot neglect the poor whatever their race or religion. All citizens should be accorded their full rights and dignity.

PN may not be the Government we elected or wanted, but that should not prevent them from doing the right things. The government has handled the coronavirus pandemic reasonably well.

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DAVID DASS is a lawyer, a Malaysiakini subscriber and commentator.