Crisis In Trengganu? What Crisis? by Malik Imtiaz
Background of the Crisis
UMNO State Assemblyman Ahmad Said had been appointed by the Trengganu sultan as Mentri Besar AGAINST the wish of Prime Minister Abdullah Ahmad Badawi .UMNO's choice for menteri besar, incumbent Idris Jusoh, was overlooked by the state palace which appointed Ahmad Said instead.
The state of Trengganu was in constitutional turmoil following the appointment of Ahmad Said over the previous menteri besar Idris Jusoh, who has the support of Prime Minister Abdullah and the 22 BN/UMNO state representatives in the state.Meanwhwile, Trengganu, droves of locals showed up at the Tengku Tengah Zaharah floating mosque here to pledge their full support and loyalty to the Sultan of Trengganu. The peaceful demonstration, organised by the Majlis Permuafakatan Rakyat Trengganu (Mampat) and several NGOs, was in support of the palace’s decision to appoint Datuk Ahmad Said as Mentri Besar. From 4pm, people from all walks of life signed on giant banners reading "Rakyat Terengganu Menyokong Istana "(The people of Terengganu support the Palace). Ribbons and stickers in yellow, symbolising the royal colour, were distributed to the people. Read here for more
But, Prime Minister Abdullah Ahmad Badawi has declared unconstitutional the appointment of Ahmad Said as the new Terengganu menteri besar, in a rare showdown with the nation's royal rulers.
Minister in the Prime Minister's Department, Datuk Zaid Ibrahim, said the appointment of Datuk Ahmad Said as menteri besar of Trengganu should be withdrawn and replaced with that of Idris as required by law. Zaid, the minister in charge of legal affairs, said the impasse over the appointment of Ahmad against the objections of a majority of the state's assemblymen should not have arisen. He said, " It's important for everyone, including the monarch, to respect the law, and in this case the law is quite clear. The discretion of the monarch in appointing the menteri besar is not an absolute personal discretion."
Attorney-General Tan Sri Abdul Gani Patail said under the Trengganu constitution, the Regent and Regency Advisory Council MUST appoint a menteri besar who has the support of a majority in the state assembly. He said the process of appointing the menteri besar was clearly spelt out in the state constitution and, in accordance with the principles of parliamentary democracy, the person with majority support among the elected assemblymen had to be appointed the menteri besar. "In this matter, Datuk Seri Idris Jusoh has the support of at least 22 state assemblymen," he said in a statement.
Umno supreme council member Datuk Seri Dr Rais Yatim said it was only right that Umno acts against Ahmad Said if he insisted on being sworn in as menteri besar. He said, “It is best that the majority sentiment of the 22 assemblymen is taken into account, because the language used in the state constitution is that the MB is whoever has the most support.”
Quote:
" (The Trengganu State Constitution says) ...It is the subjective view of the Sultan that matters and NOT of anyone else. Though expressions of support are factors that should be taken into consideration, the Constitution does NOT bind the Sultan to act only in accordance with such expressions of support.
The Sultan cannot be expected, nor does the Constitution require His Royal Highness, to act as a rubber-stamp.
Regrettably the rhetoric of the Prime Minister and the Attorney General lend to a conclusion that the Regent and the advisory council are expected to rubber stamp the wishes of the majority. Though this may have been how appointments were made in the past, this does not bind the Sultan or the Regent in the present, more so where the past practice may not have been Constitutionally thought through.
I would say that there is NO basis for the assertion that the Regent is acting unconstitutionally. In the circumstances, such statements verge on being disrespectful.
- Malik Imtiaz (Lawyer)
Excerpts: Read here full article
by
Malik Imtiaz
In the absence of the Sultan, the Regent of Trengganu has the ABSOLUTE power and discretion to appoint the Menteri Besar of the state.
Put another way, the choice is that of the Regent, and no one else. It is as simple as that.
The Trengganu Constitution
The Constitution of Trengganu (has) 3 parts:
- Laws of the Constitution of 1911,
- Laws of the Constitution of Trengganu (First Part) and
- Laws of the Constitution of Trengganu (Second Part).
In determining the ambit of powers of the Sultan (referred to as Raja in the constitutional documents), or the Regent as the case may be (and for ease of reference, only the Sultan shall be referred to in this comment), reference must be made to all 3 documents.
1. Laws of the Constitution of 1911
Chapter Six of the 1911 Laws emphatically (says):
His Royal Highness is empowered as the SOLE authority for appointing ministers and officials. The chapter does not qualify the power of His Royal Highness to exercise his power, nor does it set out any criteria by which His Royal Highness is required to do so. Chapter Six vests an absolute discretion in the Sultan to appoint ministers and officials. This would necessarily include the Chief Minister or Mentri Besar.
2. Laws of the Constitution of Trengganu (First Part)
Article 63 of the First Part EXPRESSIVELY PRESERVES the prerogatives, powers and jurisdiction of the Sultan except where expressed otherwise in the First Part. This is significant as the absolute power of the Raja to appoint a Mentri Besar is preserved except where otherwise expressly provided. Article 14 of the First Part provides for the appointment of the State Executive Council including the Mentri Besar. The appointment is made by His Royal Highness. The language of the provision does not detract from His Royal Highness’ power to appoint. Criteria are however provided as follows:
- - the candidate selected must be a member of the Legislative Assembly AND
- must be a member who in His Royal Highness' judgment is likely to command the confidence of the majority of the members of the Legislative Assembly.
The Effects of the Trengganu Constitution on the Crisis3. Laws of the Constitution of Trengganu (Second Part)
The Second Part is silent on this aspect of the powers of the Sultan.
Reconciling Chapter Six of the 1911 Laws with Article 14 of the First Part, two points are manifest.
- The power to appoint the Mentri Besar is that of the Sultan and ONLY that of the Sultan.
- In exercising this power, His Royal Highness must choose a member of the Legislative Assembly who in HIS judgment commands the confidence of the majority of the Legislative Assembly.
Though expressions of support are factors that should be taken into consideration, the Constitution does not bind the Sultan to act only in accordance with such expressions of support.
Furthermore, it is unreasonable to suggest that all that matters are the numbers.
The Constitution Does Not Require the Sultan to Rubber-Stamp
The Sultan cannot be expected, nor does the Constitution require His Royal Highness, to act as a rubber-stamp.
In this context, I am of the view that the Sultan may take into consideration ALL matters that His Royal Highness may reasonably view as having a bearing on the question of confidence.
What if the Sultan formed the view that he was not confident that a particular member who seemingly had popular support would not make a suitable Chief Minister ?
The Current Crisis
Statements issued by the Palace indicate the concerns of the Palace over the handling of the Pantai Batu Burok episode as well as events that occurred during the recent General Election by Idris Jusoh. These are matter that are evidently bearing on the minds of those who advise the Regent.
These are considerations of weight that go to the question of confidence more so for the fact that it is glaringly obvious that twenty UMNO assembly-men who have endorsed the appointment of Idris Jusoh may not necessarily be acting in accordance with their own conscience but rather the dictates of the party.
There is, in a manner of speaking, a dimension of duress in the saga, made obvious by the threats of disciplinary action that have been leveled against Ahmad Said by UMNO. To this end, it is questionable whether it can be said that Idris Jusoh truly commands the confidence of the majority of the Legislative Assembly.
These factors go to show that there is basis for doubt in the mind of the Regent and the advisory council as to the appropriateness of appointing Idris Jusoh. If so, this doubt may reasonably undermine the belief of the Regent and the advisory council that Idris Jusoh truly commands the confidence of the majority.
Bad Judgment by UMNO in Confronting the Palace
Regrettably the rhetoric of the Prime Minister and the Attorney General lend to a conclusion that the Regent and the advisory council are expected to rubber stamp the wishes of the majority.
Though this may have been how appointments were made in the past, this does not bind the Sultan or the Regent in the present, more so where the past practice may not have been Constitutionally thought through.
In the same vein, I would say that there is NO basis for the assertion that the Regent is acting unconstitutionally.
In the circumstances, such statements verge on being disrespectful.
Even if the Regent had decided for no apparent reason to appoint Ahmad Said as Mentri Besar instead Idris Jusoh, there would be no basis for challenging the decision to appoint the said person.
The decision is solely that of the Sultan and as such, is in my view not justiciable in a court of law.
The only recourse for those members of the Legislative Assembly who disagree is to move a vote of no confidence in the Legislative the Assembly. This is clearly envisaged under the Trengganu Constitution (Article 14(6)).
Significantly, if that were to happen, a new State Executive Council would be appointed unless the Sultan is requested by the Mentri Besar to dissolve the Legislative Assembly in which event elections would have to be held. This may not be politically expedient for those who complain. And perhaps that is what this is all about in the final reckoning.
No comments:
Post a Comment