Is Anwar challenging the Agong, the PM or the Constitution?
In short, the power lies in the hands of the Prime Minister, not in the hands of the Agong. And was it not Anwar who headed the attacks on the Raja-Raja Melayu during the Constitutional Crisis back in the 1980s? Anwar and gang wanted to make sure that the Prime Minister would be more powerful than the Agong.
NO HOLDS BARRED
Raja Petra Kamarudin
Today, Malay Mail Online (MMO) came out with a detailed news report “Anwar sues PM over Parliament suspension in Emergency, seeks court order to declare Muhyiddin’s advice to Agong illegal, unconstitutional” (READ MORE HERE).
For-non lawyers like you and me, this news report may sound complicated (but then lawyers always make the law sound complicated so that they can charge the clients more).
This “complicated” news report raises the question of who is Anwar Ibrahim taking to court — Seri Paduka Baginda Yang di-Pertuan Agong, Prime Minister Muhyiddin Yassin, or the Federal Constitution of Malaysia (or all three)?
Due to the many pending cases in court, many being delayed due to the Ciovid-19 coronavirus pandemic, we may see this case finally having its day in court around 2024, a year or more after GE15. Hence it is going to be only an “academic” matter since the Emergency will most likely end by 2022 anyway, and GE15 will be held not later than 2023 (or even earlier).
Anwar led the charge against the Raja-Raja Melayu back in the 1980s to make the Prime Minister more powerful than the Agong
Considering Anwar dragged, delayed and postponed his Sodomy 2.0 case for seven years, what’s three years to get this “Constitutional Case” settled? Anwar cannot complain that three years is too long when he is the master of dragging, delaying and postponing cases. In fact, his suit against Tun Dr Mahathir Mohamad on his 1998 sacking from Umno (which he lost) dragged on for ten years.
So, for those who thought that next month the court is going to declare the declaration of the Emergency as illegal or unconstitutional and that in March Parliament will be sitting (and hence the vote of no confidence against Muhyiddin is going to be pushed in Parliament) will have to think again. You have a far longer wait than just one or two months.
“Based on the list of court orders sought sighted by Malay Mail, Anwar is not challenging the Yang di-Pertuan Agong’s powers or actions in declaring the Emergency or the Emergency Ordinance but is instead challenging what he alleges to be flawed advice given by the Cabinet and prime minister to the King on Emergency laws to be made —- specifically on the suspension of Parliament,” said MMO.
This is a highly debatable issue and will need a very long time to be argued in court. For example, the First Agong, His Majesty Tuanku Abdul Rahman, once stated that, in Malaysia, and according to the Constitution, the Agong cannot sack the Prime Minister but the Prime Minister can sack the Agong.
Hence, if the Prime Minister advises the Agong, is the Agong obligated to take this advice and if His Majesty does not take that advice can the Prime Minister remove him?
For decades, lawyers have been arguing whether the word ‘shall’ must be read as obligatory or as discretionary. And the best legal minds have been unable to reach a consensus on this issue. So, good luck, Anwar.
Today, Anwar is going to court to try to undo the damage he caused during the 1980s Constitutional Crisis
The Prime Minister cannot sack the Agong per se, as what His Majesty Tuanku Abdul Rahman said. It is the Conference of Rulers who does that. Hence the Agong can reject the advice of the Prime Minister — as what His Majesty did last year the first time that Muhyiddin sought His Majesty’s consent to declare an Emergency.
To be clear about the matter, though, His Majesty did not reject Muhyiddin’s request to declare an Emergency last year. His Majesty brought the matter to the Conference of Rulers to discuss. It was the Conference of Rulers who rejected the request to declare an Emergency.
MMO further reported, “Anwar is also seeking a court order to quash the decision by Muhyiddin and the government to advise the Yang di-Pertuan Agong to promulgate Section 14, and a court order to direct Muhyiddin and the government to advise the Agong to revoke Section 14 of the 2021 Emergency Ordinance.”
In other words, Anwar acknowledges that His Majesty the Agong cannot act without the advice of the Prime Minister. The Agong can only revoke the declaration of the Emergency based on the advice of the Prime Minister. Hence Anwar wants the court to force Muhyiddin to advice the Agong to revoke the Emergency.
Muhyiddin has checkmated his adversaries and they are now trapped in a corner and are extremely desperate
In short, the power lies in the hands of the Prime Minister, not in the hands of the Agong. And was it not Anwar who headed the attacks on the Raja-Raja Melayu during the Constitutional Crisis back in the 1980s? Anwar and gang wanted to make sure that the Prime Minister would be more powerful than the Agong.
Malaysians clapped and cheered when Mahathir, Tun Ghafar Baba and Anwar cut the powers of the Monarchy so that the Raja-Raja Melayu were forced to bow down to the politicians. And now Anwar wants to go to court to reverse the damage he did in the 1980s.
This is called “senjata makan tuan’, or, as the English say, the knife cuts both ways. Padan muka Anwar. Terkena muka sendiri.
This third point is interesting. “Anwar wants the court to declare that Section 14 is unconstitutional and invalid for being inconsistent with Article 150(3) and 150(5) of the Constitution, and a declaration that Section 18 is similarly unconstitutional and invalid for being inconsistent with Article 4.”
Anwar does not have many moves left to oust Muhyiddin and take over as PM9
Actually, the entire Constitution is ambiguous or inconsistent — so Anwar should actually challenge the entire Federal Constitution of Malaysia in court.
For example, you have freedom of choice, but if men dress up in women’s clothes, they will get arrested.
You have freedom of religion, but Muslims cannot leave Islam to become Christians.
You have freedom of assembly, but you need police permission to assemble, and the police can deny you this permission.
You have freedom of speech, but it is illegal to attack the Raja-Raja Melayu or Prophet Muhammad.
You have freedom of association, but you cannot be associated with the Communist Party of Malaysia or Shia Islam.
You have freedom of thought, but you cannot reject God and religion and proclaim you are an atheist.
Yes, these are but a few examples of how the Federal Constitution of Malaysia is ambiguous or inconsistent. There are, of course, many more ambiguity or inconsistencies. So why does Anwar not do the “right” thing and challenge the entire Constitution in court — if he really is fighting for justice, like what he says? Why just focus on the part that will help make him PM9?
