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Monday, September 19, 2022

NGOs urge govt to amend Constitution, let Pekan choose new MP

 


A group of NGOs urged the government to repeal a provision of the Federal Constitution which allows former prime minister Najib Abdul Razak to remain as an MP until his royal pardon process is completed.

In a joint statement, the group called for the immediate repeal of Article 48(4)(c) of the Federal Constitution, to prevent any unjustified further delay in an MP’s disqualification so affected constituencies can choose a new representative.

The statement was issued by human rights activist Charles Hector on behalf of four NGOs, including Aliran, Malaysians Against Death Penalty and Torture (Madpet), Saya Anak Bangsa Malaysia (SABM), and Workers Hub for Change (WH4C).

“We adopt the position that a parliamentarian convicted of a crime, like Najib, should immediately be disqualified as MP after all the appeals against criminal conviction are over,” said Charles.

He said Malaysians have waited for four years after Najib (above) was first charged in July 2018 over the SRC International Sdn Bhd case, to the date the Federal Court rejected his final appeal last month.

He insisted there is no longer any reasonable justification to delay the disqualification of the criminal MP once the appeal processes were over, even though Najib has filed a petition seeking a royal pardon.

Supporters of former prime minister Najib Abdul Razak outside the Istana Negara, Aug 24, 2022.

“The pardon has nothing to do with the fact that the said MP has been proven guilty beyond reasonable doubt, convicted, and sentenced.

“This delay denies the right of the people in the affected constituencies to choose a new MP. Malaysians still had to continue paying a convicted MP his salary/allowances even after the High Court finds him guilty, and then until the right of appeals is exhausted,” Charles said.

The group also felt that Najib should not be granted a royal pardon.

Charles said a pardon should only be for repentant convicts who are sorry for their crime and have reformed, not just because the criminal is a former political leader.

“Alternatively, pardons may be because of a serious miscarriage of justice – but then, should the ruler ‘pardon’ or should it justly be dealt with by the courts?

“If the ruler comes in fast and pardons Najib or any other convict, would it not be seen as making a mockery of the law and entire court process that lasted about four years, in Najib’s case?” he asked.

Why bear the burden?

The group also urged the government to cancel or reduce the pension of convicted lawmakers, ministers, prime ministers, and public servants, especially when they were found guilty of crimes related to abuse of power, criminal breach of trust, money laundering, and corruption while in office.

“Why should Malaysians continue to bear the burden of having to pay tens of thousands of ringgit monthly in pensions to Najib, a criminal convicted for abuse of position, criminal breach of trust, and money laundering until he dies, and thereafter to his dependents?”

Kajang prison in Selangor

Charles also urged the government to set a time limit for the disposal of petitions of pardon.

On August 23, the Federal Court upheld Najib’s conviction on charges involving abuse of power, criminal breach of trust, and money laundering linked to RM42 million of SRC International Sdn Bhd funds.

With that, he was sent to the Kajang Prison in Selangor to serve his 12-year jail sentence. Najib was also slapped with a fine of RM210 million.

He filed a petition for a royal pardon on Sept 2. - Mkini

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