Constitution bars rulers from business ventures, PKR MP argues

 

A constitutional ban on the Yang di-Pertuan Agong from being involved in business also applies to sultans, argued a PKR lawmaker.

Pasir Gudang MP Hassan Karim (above) said this is because the Federal Constitution also has a provision whereby federal laws override state laws that are in conflict with it.

Article 34(3) of the Federal Constitution states that “the Yang di-Pertuan Agong shall not actively engage in any commercial enterprise”.

Meanwhile, Article 75 of the Constitution states that when a state law is inconsistent with federal law, the federal law shall prevail and the state law shall, to the extent of its inconsistency, be void.

Hence, Hassan argued that as the nine states with sultans are part of the Federation, federal law also takes effect in states.

“This means that prohibitions on the Agong under Article 34(3) also apply to the sultans of the states,” he said in a statement last night.

While he did not name any sultan specifically, Hassan’s remarks came after Malaysiakini reported on Johor ruler Sultan Ibrahim Sultan Iskandar’s business interests and partners in the Maharani Energy Gateway project.

Johor ruler Sultan Ibrahim Sultan Iskandar

The project has a gross value of RM99 billion over ten years. The monarch has a 40 percent stake in the project, while his close associate Daing A Malek Daing A Rahaman holds a 15 percent stake.

Sultan Ibrahim also owns 99 percent of a sand-mining company that is a potential supplier of sand for sea reclamation works in the Maharani Energy Gateway.

This is among several business ventures that the sultan is involved in.

Other state rulers are also known to have business interests.

For Hassan, Article 34(3) serves to safeguard the Agong from any conflicts of interest, as well as prevent His Majesty from any legal action stemming from business ventures.

He said the same types of situations can apply in states, especially as state governments have legal jurisdiction over land and water matters, including at sea.

“Conflicts of interest will arise and will surely frustrate the state government’s leadership if the sultan of a state is involved actively in business or commercial activities,” he said.

The Johor PKR leader said that in order to safeguard the royal institution, Prime Minister Ismail Sabri Yaakob must bring up the matter of banning sultans from business to the Conference of Rulers. - Mkini