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Thursday, December 14, 2023

Lawyer: No legal restrictions on non-Malay as PM, but...

Lawyer Haniff Khatri Abdulla concurs that there are no provisions in the Federal Constitution that prevent a non-Malay person from becoming the prime minister of Malaysia.

He said that, however, certain quarters are against the idea out of fear that the position of Malays would be affected.

“Based on discussions and ideas given, many are mistaken that a prime minister who is not Muslim and non-Malay (would threaten four main factors).

“The factors are the position of Islam as the official religion, the position of the Malay language as the official language, the special position of Malays as well as the position of the Malay rulers.

“But the reality is, their concern is unfounded,” he said in a video posted to the YouTube account MalayaDailyCom.

‘Pasar’ Malay

Haniff explained that not many were aware that Article 159 of the Federal Constitution also stipulates that the aforementioned factors are not provisions that could be easily amended.

Article 159(5) requires that a law, including federal law, not be passed unless the law is first approved by the Conference of Rulers.

“If the Conference of Rulers doesn’t agree to it, then the amendment cannot be made,” he said.

Article 43(2)(a) of the Federal Constitution states that the only requirement for someone to be prime minister is that the person be an MP, who, in the Yang di-Pertuan Agong’s judgement, has majority support in the Dewan Rakyat.

However, Haniff also opined that prime ministerial candidates, regardless of race, should be an individual who is patriotic and proficient in the Malay language.

“How can we have a prime minister that speaks ‘pasar’ Malay, or one that does not understand the main elements of the position of rulers?” he questioned.

Recently, DAP adviser Lim Kit Siang came under fire from pro-Malay groups and politicians after raising the possibility of a non-Malay being appointed as the prime minister. Lim has also been summoned by the police over this. - Mkini

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