Human rights group Lawyers for Liberty (LFL) has slammed Machang MP Wan Ahmad Fayhsal Wan Ahmad Kamal for urging the government to amend the Federal Constitution to restrict the prime minister position to Malay Muslims.
LFL director Zaid Malek did not mince his words when he said that it was “unthinkable and outrageous” that a sitting parliamentarian suggests introducing “something akin to apartheid” by attempting to legalise racism into the highest law of the country.
“Let’s not split hairs, this proposal is textbook racism.
“Any such amendment would be struck down by the courts eventually, as legislating racism into the Federal Constitution would offend its basic structure; the Federal Court in recent decisions has recognised the ‘basic structure doctrine.’
“This means that the Federal Constitution cannot be twisted and mutilated to such an extent that it no longer carries the values of democracy and equality that was built into it at Merdeka,” Zaid said in a statement today.
This came after Bersatu’s Wan Fayhsal called on Prime Minister Anwar Ibrahim to introduce an amendment to the Federal Constitution to ensure that only Malays can become the prime minister, saying it could help restore Malay support for the government.
He said this in response to DAP veteran Lim Kit Siang's remarks that a non-Malay could become prime minister.
Zaid (above, left) also panned Wan Fayhsal and Perikatan Nasional leaders, saying the fearmongering often stoked by this group has no basis in law.
He stressed that the position of the Malays and Islam cannot be so easily altered as it requires the consent of the Council of Rulers to do so, as required under Article 159 of the Federal Constitution.
“This measure of protection in itself is already enough to dismiss the baseless fears conjured up by the Machang MP.
“Any such amendment would also clash with Article 8 of the Constitution itself which enshrines the principle of equality before the law; introducing such a racist and divisive amendment into the Constitution would ultimately destroy the very meaning of the Constitution and the principles it upholds.”
‘Abhorrent suggestion’
Under the Federal Constitution, the only requirement for someone to be prime minister, as per Article 43(2)(a), is that the premier be an MP, who, in the Yang di-Pertuan Agong’s judgement, has majority support in Dewan Rakyat.
Even though race is not mentioned, Zaid said, by convention the prime minister has come from the majority race.
“The Constitution thus allows flexibility and pragmatism. Tampering with the Constitution now is dangerous, reckless and unnecessary.
“Limiting the role of prime minister along racial and religious lines may fracture the fine balancing achieved by our Constitution as it exists.”
He also urged Anwar and the government to immediately reject the “abhorrent suggestion” by Wan Fayhsal (above) and condemn it unequivocally. - Mkini
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