Ronnie Liu: Rights of Selangor pig farmers protected by the Federal Constitution, so let the courts decide

 

“Constitutionally and historically, pig farming – just as other livestock farming – should be allowed as an economic activity. I concur with PMX – for the first time.

Malaysia badly needs leadership that will uphold the Federal Constitution, Rukun Negara and the inter-communal bargain of 1956-1957 without fear or favour.” – Historian Ranjit Singh Malhi

AMID the chants of derhaka (disloyalty/treason) and “murka” (enraged) by the rightist fraternity in support of Sultan Sharafuddin Idris Shah’s latest insistence that his decree to ban pig farming Selangor-wide is ‘non-negotiable’, existing hog rearers need not fret for they still have legal recourse to pursue.

Fomer DAP Selangor state publicity secretary Ronnie Liu Tian Khiew urged pig farmers to consider his proposal made to them last month to file a judicial review on the matter.

“Let the courts to decide,” he reiterated in a Facebook post. “Our lawyers believe that farmers’ rights are being protected by the Federal Constitution. And very clear and loud too.

“We don’t expect anyone to say Yes or No to pig farming in the state. We let the courts to be our judge.”

Liu who last served as the Sungai Pelek state assemblyman (May 2018-August 2023) had earlier voiced the concerns of Selangor pig farmers following the Selangor ruler’s “Full Stop!” statement subsequent to the media conference by Madani government spokesman Datuk Fahmi Fadzil on Wednesday (May 6).

“The victims, ie pig farmers, are confused and also at a loss. They don’t know what to do. The rakyat are confused, too,” lamented the 68-year-old ex-DAP stalwart who spent 41 years with the party prior to quitting on June 24, 2023.

This will be a real test of the courage and wisdom of the DAP/PH (Pakatan Harapan) government leaders in Shah Alam and Putrajaya. DAP and PH leaders do know the power enshrined in the Federal Constitution. It’s not for me to advise them what to do next.

Pig farmers are still hoping that the governments they have supported all these years would not turn their back on them.

To re-cap, Fahmi who is also the Communication Minister has revealed that instead of adhering to Sultan Sharafuddin’s desire of no pig farming in Selangor, Prime Minister Datuk Seri Anwar Ibrahim has acknowledged Putrajaya’s stance on the strict conditions for opening pig farms in Selangor during his recent audience with the Selangor ruler.

PMX had briefed the Cabinet on the audience session which was also attended by Selangor Menteri Besar Datuk Seri Amirudin Shari.

Below are some insightful inputs from a constitutional expert on the power of the Selangor ruler as shared by Liu:

In Selangor, the Sultan has important constitutional powers but the Sultan’s decrees are generally not above the law or the Federal Constitution.

Under Malaysia’s constitutional monarchy system, the Selangor state government runs the state administration through the Menteri Besar (MB) and EXCO while the Sultan acts according to the Selangor State Constitution and the Federal Constitution.

In most matters, the Sultan acts on the advice of the state government. There are a few areas where the Sultan has discretionary authority such as (i) appointment of the MB; (ii) matters concerning Islam in the state; (iii) Malay customs; and (iv) consent for dissolution of the State Assembly.

However, even royal decrees must still comply with the Federal Constitution, state laws and court rulings.

The Federal government can override state matters if Federal law has constitutional supremacy, Parliament has authority over the subject or a court rules the decree unconstitutional.

For Islamic affairs in Selangor, the Sultan is the head of Islam in the state so his authority is especially strong there. But even then, administration is still carried out through state laws and institutions like the Selangor Islamic Religious Council.

However, a major constitutional principle in Malaysia is that the Federal Constitution is supreme without favouring any individual office-holder.

This was reinforced after the 1983 and 1993 constitutional amendments involving the Malay rulers and the Federal government under Tun Dr Mahathir Mohamad. The amendments clarified that rulers are constitutional monarchs and are subject to law in many areas.–  Focus Malaysia