The Malaysian Concord (Part 4) – The Position and Function of the Malay Rulers

This article follows a previous one on the Malay and Bumiputera special rights.

A couple of days ago it was made known to the public that the street names in a certain suburb of Shah Alam were changed to Chinese characters, in contravention of Sections 2 and 9 of the National Language Act, 1963/67.

Yesterday, HRH The Sultan of Selangor decreed that the street names be taken down and replaced by ones in the Malay language, which is the National Language.

I mentioned in a previous post that a national language is a tool to unite the peoples of Malaysia. 

It was the intention of our forefathers in the quest for independence to have ONE language to unite all, and that is the Malay language with a Romanised written form, so that the non-Malays could learn the Malay language rapidly (Tunku Abdul Rahman, The Road to Independence, 1984: pp.112-114).

I gather that those were the reasons His Royal Highness issued the decree mentioned above – in line with one of the functions of the Malay Rulers: to care for the people’s welfare.  Therefore, if there is any issue that may cause tension, the Malay Rulers will step in to remind the people to respect each other and to respect the laws.

What I find disgusting in this episode is that the local government, or local council, allowed for the street name change to happen, forgetting that every instrument of the government is acting on His Majesty’s Service.

Not too long ago, all government envelopes had URUSAN SERI PADUKA BAGINDA stamped at the top; that was until someone who was not fond of the Rulers changed that to URUSAN KERAJAAN.

 

Essentially, all government branches, including the Federal cabinet as well as the state executive councillors, are acting on behalf of the Yang DiPertuan Agong and Sultan (in the case of states).  

They are not independent of the Rulers – which is why they are sworn in before the Agong or the Sultan.

The Malay Rulers have divested much of their independence now as they did before during the period of British administration.

However, both they and their state remain sovereign. Independence is not equal to sovereignty.

The British were here through the various treaties signed with the respective Malay Rulers.  Save for the Japanese occupation, Malayan Union period, Pulau Pinang, Melaka and for a while, Pangkor, the Dindings and Larut, Peninsular Malaysia was never under British colonial rule.

There were three test cases to determine the sovereignty of the Rulers and the state they ruled:

 

  1. The infamous Mighell v The Sultan of Johore (1894) where it was ruled that, although the Sultan by treaty had bound himself not to exercise some rights of a sovereign ruler, this did not deprive him of his character as an independent sovereign;
  2. In Duff Development Company Limited v The Government of Kelantan (1924), the House of Lords similarly upheld the sovereignty of Kelantan and its Ruler was not intended to be qualified by the terms of the treaty.
  3. In Pahang Consolidated Company Limited v State of Pahang (1933), the Privy Council summarised the constitutional position in Pahang as follows: subject to the limitations which the Sultan had from time to time imposed upon himself, he remained ‘an absolute ruler in whom resides all legislative and executive power.’ (See, 1894; Q.B 1924; A.C and M.L.J).

The British were in the Malay states to assist the Malay Rulers in the administration and management of their respective states, and were under the Rulers’ payroll.  

The only matters that they could not touch were the states’ Islamic affairs and Malay customs.

Sir Frederick Lugard wrote of the British Residents:

“From the first to last the theoretical independence of the states was the governing factor in the system evolved in Malaya. The so-called ‘Resident’ was in fact a Regent, practically uncontrolled by the Governor or Whitehall, governing his ‘independent’ state by direct, personal rule, with or without the co-operation of the native ruler.” (Sir F.D Lugard, The Dual Mandate in British Tropical Africa, London, 1926: pp.130-1, vid. pp.8-10).

One such Resident was of course James Wheeler Woodford Birch who, in the words of Sir Richard Olaf Winstedt, “dashed into Perak’s Augean Stables like an angry Victorian schoolmaster, confident that it could all be cleaned up with a little firmness and decision.” (Winstedt, History of Perak, JMBRAS, xii, 1).

Birch’s monumental tactlessness, especially over the regulation of taxes, drove all the Sultan’s Chiefs into frantic opposition which resulted in his assassination in 1875.

Other than the occasional odd behaviour by some Residents, the Malay Rulers and their state remained sovereign and ‘independent’.  In an answer to Colonel Josiah Wedgwood (Labour – Newcastle-under-Lyme) about the control over the states of Malaya, Sir Phillip Cunliffe-Lister (Conservative – Hendon), Secretary of State for the Colonies replied:

“There is no question at all of altering in any degree, even by a comma, the Treaties which bind us, and which are charters of the agreements with the Rulers both of the Federated and the Unfederated Malay States.” (British Parliament Hansard, Commons Sitting, Class II, HC Deb 14 July 1933 vol 280 cc 1429).

With the Independence of Malaya, all the administrative powers handed down by the Malay Rulers to the Federal and State Councils was passed to the government that was chosen by the people of Malaya in the 1955 elections.  

The Federal cabinet administer the government of the Yang DiPertuan Agong, who was elected by the Malay Rulers to represent Their Highnesses at Federal level, while the Menteri Besar and state executive councillors administer the state for the Sultans.

The Malay Rulers, as owners of this land, continue to enjoy their position with their income regulated by the respective laws, and receive advice from the Menteris Besar (or in the case of the Yang DiPertuan Agong, the Prime Minister). 

This is evident in Article 181(1) of the Federal Constitution which states:

“Subject to the provisions of this Constitution,” the “sovereignty, prerogatives, powers and jurisdiction of the Rulers…as hitherto had and enjoyed shall remain unaffected.”

The same was noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). 

In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:

“a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89).

In 1867, Bagehot asserted in “The English Constitution” that the Constitution needed two parts: the dignified – to excite and preserve the reverence of the population’ and the other, the efficient – to ‘employ that homage in the work of government’. 

The monarch was the prime example of dignity in this sense and the Prime Minister (Menteri Besar) and his cabinet (executive councillors) of efficiency.  

Therefore, the monarch, while lacking executive power, had an important constitutional role.

HRH The Sultan of Selangor was correct in the exercise of his function when reminding the people to not touch on the matters that have been agreed upon and are already enshrined in the Constitution – the sanctity of Islam, the National Language, the Malay and Bumiputera special rights, and the position and function of the Malay Rulers.  

Such action, had the Sultan not interjected, would be naïve and dangerous to the fabric of the society.

In the words of Sultan Nazrin Muizuddin Shah of Perak in July 2011:

“Rulers must use wisdom to calm situations, but they do not have a ‘magic lamp’ to keep unity, especially when the situation has become chaotic. “

(This article was first published on The Mole)

The Malaysian Concord (Part 3) – The Malay and Bumiputera Special Rights

Recent protest against ICERD – Bernama

One of the functions and roles of the Malay Rulers is to safeguard the interests of the Malay and Bumiputera communities enshrined in the Federal Constitution.  That is what HRH The Sultan of Selangor did when he voiced out against ICERD and liberalism.

In the previous posts (The Malaysian Concord (Part 1) – The Sanctity of Islam and The Malaysian Concord (Part 2) – The National Language) I have shown you why Islam was made the religion of the Federation, and why the Malay language was made into the National Language.  I also explained why the Reid Commission was just a commission and not a party to the discussions and negotiations to the independence of Malaya and whatever put forth by the commission were recommendations for the Constitution, not the hard-and-fast rule.

The Malay precedence had always been the mantle of the British Residents.  Frank Athelstane Swettenham, the first Resident-General of the Federated Malay States, saw himself as the patron to an heir (the Malays) who was in danger of losing his inheritance to the immigrant Chinese and Tamils.  He wrote:

“The position he occupies in the body politic is that of the heir to the inheritance. The land is Malaya and he is the Malay. Let the infidel Chinese and evil-smelling Hindu from southern India toil, but of their work let some profit come to him.” (Sir Frank Swettenham, The Real Malay (London, 1899): pp. 37-40)

The economic situation of the Malays, pushed to the hinterland by the immigrants, became dire that they had to take loans from the chettiars putting their land as collateral.  When even the interest could not be serviced, these lands were taken into possession by the moneylenders.

The Federated Malay States government intervened and introduced a series of legislations to curb the Chettiars’ operations, one of which was the Malay Reservations Enactment, 1913, which objective was “to provide means for preventing the passing of Malay landholdings into the possession of foreigners”(Frederick Belfield, Legal Adviser, FMS, Report for the Secretary of State on the FMS Enactment 15 of 1913).

In 1910, E.W Birch, the 8thResident of Perak, noted the need for such Enactment:

“It will mean that we shall free our peasantry from the clutches of those people who now remit to India the large sums of which they now bleed the people.”(Hastings Rhodes, Objects and Reasons, Malay Reservations Enactment of 1913, quoting a Minute by E.W Birch dated 7 September 1910; in Selangor Secretariat, File 3013/1912, Conf. File 10/1912).

Two constitutional changes were introduced in 1909, the establishment of a Federal Council, and the enactment to change the title Resident-Generalin the FMS to that of Chief Secretary.

The Governor responsible for these introductions, Sir John Anderson, said that the intention of these changes, in his words, was for“the full safeguarding of Malay interests.” (Proceedings of the Federal Council, FMS, 11 December 1909).

Sir Laurence Guillemard, High Commissioner for the Federated Malay States wrote:

“The moral is clear that real danger lies ahead if the Malays do not get their share of the benefit of the development of their own country.”(C.O 273, Vol 539, Laurence Guillemard to Secretary of State, 3 May 1927).

To put things in perspective, not only were the Malays left out economically, they were also already minorities in the Federated Malay States.  According to the census of 1931, the population of the FMS comprised of a Chinese majority (41.5 percent), followed by Malays (34.7 percent), Indians (22.2 percent) while various other ethnic groups made up the remaining 1.6 percent (Loh Fook Seng, Malay Precendence and the Federal Formula in the Federated Malay States, 1909 to 1939, JMBRAS, Vol 45, 1972: p.48).

When the discussions for the independence of Malaya took place, the MCA which represented the interests of the Chinese community in Malaya, agreed for the continuation of Malay special privileges that was already being enjoyed by the Malays under the Federation of Malaya Agreement of 1948 (Straits Times, 28 August 1956).

Even on the issue of making Mandarin a national language at par with Bahasa Melayu, the MCA Central Committee which debated the Alliance memorandum to the Reid Commission put the issue to a vote: 15 votes were against the recommendation that Mandarin be recognised as an official language, 14 voted for, 31 abstained (Straits Times, 28 August 1956).

Reid Commission was required by its terms of reference to “safeguard the special position of the Malays and the legitimate interests of the other communities” (CO 889/6, C.C. 2000/15, Summary record of Commission’s meeting, 27 August 1956).

The Constitutional Bill was then debated in the England’s House of Commons.  Three amendments to the Bill was sought.  The third proposed amendment pushed by Conservative MP Joan Vickers (Devonport) noted that the 15-year limit for Malay special rights recommended in the Reid Report was omitted from the Bill.

However, the majority felt that any eleventh-hour amendment could upset the political compromises embodied in the Constitution (Commons Debates, 19 July 1957, pp. 1590-1591).  The Secretary of State concluded that any accepting of proposed amendments would result in the reopening of all issues on which agreement had already been reached (Ibid., pp. 1592-1594).  Therefore, all the proposed amendments were rejected and the Federal Constitution of Malaya, as part of the Malayan Independence Bill, was adopted unchanged.

These special rights were then extended to the Bumiputeras of Sabah and Sarawak through Paragraph 62 of the Malaysia Agreement, 9 July 1963, pages 43 and 44. But this did not come easy.  Many non-Bumiputera groups were opposed to the idea of according the natives of Sarawak with special rights.

A group from the Sarawak United People’s Party led by Ong Kee Hui had a contempt for the backwardness of the natives and had regarded their leaders as men of no consequences.  This prompted the SUPP’s leader in Sibu Jonathan Bangau, an Iban, to resign.

The Ibans, however, told the Cobbold Commission that they were all for Malaysia and some even emphasised on the need for a speedy arrival of better education and development for the Iban community.  In North Borneo, the only negative views were given by the British officials and expatriates as well as the rich (non-Bumiputera) local businessmen.

Both Donald Stephens (Chairman of the Committee of the North Borneo Alliance) and Stephen Kalong Ningkan (Secretary-General of the Sarawak Alliance) both accepted the Inter-Governmental Committee report.  Sarawak Council Negri voted unanimously to adopt the report on 8 March 1963, while the North Borneo Legislative Council unanimously adopted the report on 13 March 1963.

The special rights of the Malays and the Bumiputeras are there to protect their interests so that they do not get swallowed whole in their own land.  The Fijians learnt this the hard way when the Indo-Fijian (Indian descent) minority which numbered less than 40 percent of the population, dominated everything from government to economy, leaving the ethnic Fijians on the sideline.

If the rights of the Malays and the Bumiputeras that was agreed upon by our forefathers are now being questioned, should they now not ask for a better position for themselves? Perhaps a 70-percent equity and quota in everything from now on, or something even better?

(This article was first published on The Mole)

The Malaysian Concord (Part 1) – The Sanctity of Islam

Islam is the religion of the Federation of Malaysia as enshrined in its Constitution after being agreed upon by all those party to her establishment (Photo credit: Azirull Amin Aripin/Getty Images)

HRH Sultan Sharafuddin Idris Shah is known to be a private person and rarely voices out.  The only times that he would voice out is when matters pertaining to the Constitution is touched upon, and yesterday was one of those times.

He said that the act of a certain group questioning the sanctity of Islam, the special rights of the Bumiputeras, the national language, and the function and position of the Malay Rulers enshrined in the Federal Constitution need to be immediately addressed and curbed.

I have come across such people, and unfortunately, many are young Malays.  They do not seem to understand that the social contract made between the various races of Malaya prior to 31stAugust, 1957 and Malaysia prior to 9thJuly 1963 are now part of the Federal Constitution.

Nor do they know the parties who signed both agreements for the independence of Malaya, and the formation of Malaysia, and understand why those agreements were made.  I put a partial blame on the education system where we were taught that we were all colonised by Britain when that is not true, except during the Malayan Union period.

Although Islam had been preached in the Malay Archipelago, Indo-China and China as early as the seventh century, it is largely held that Islam arrived in the Malay peninsula in the 12thcentury.  Syariah laws such as the Batu Bersurat of Terengganu, Hukum Kanun Melaka, Undang-Undang 99 Perak became the laws of the land.

In 1908, Richard James Wilkinson, a British colonial administrator who, with the backing of Sultan Idris I, was responsible for the establishment of the Malay College in Kuala Kangsar, and who was also a scholar of Malay and history, wrote on the status of Islamic law in the Malay states:

There can no doubt that Moslem law would have ended up becoming the law of Malaya had not British law stepped in to check it.” (William R. Roff, Patterns of Islamization in Malaysia, 1890s-1990s: Exemplars, Institutions and Vectors, Journal of Islamic Studies Vol. 9, Is. 2 (1998), 210-228, at 211).

This was reinforced by two British judges in the landmark case of Ramah binti Ta’at v Laton binti Malim Sutan 6 FMSLR (1927).

It is due to these facts that the sanctity of Islam was retained in the Federation of Malaya Agreement of 1948, and was introduced into the Federation of Malaya Constitution of 1957.

The English law was only introduced to Pulau Pinang as it was the original British colony.  It was on 25thMarch, 1807 that a Charter of Justice was granted by the Crown establishing a Court of Judicature in Pulau Pinang, with jurisdiction and powers of the Superior Courts in England. This was then introduced to Melaka and Singapore when they became part of the Straits Settlements under British rule.

Only with the arrival of the British residents in the Malay states in the last quarter of the 19thcentury was the English law introduced there in the form of Orders, Regulations and Ordnances, save for the laws and regulations affecting the Malay customs and the administration of Islam.  These laws provided for the administration of justice, the law of contract, sale of goods, bills of exchange, company law, criminal law and procedure, the law of evidence, land law, labour law, and the regulation of many matters of public interest.

The Civil Law Enactment, 1937 (No.3 of 1937, FMS) introduced the whole body of the common law of England and of equity of minor modifications.  It provided always that the common law and rules of equity are “subject to such qualifications as local circumstances render necessary”.  Local laws and custom were made applicable.

Islam was made the religion of the Federation of Malaya.  Although Lord Reid felt it was unnecessary to have such a provision as the Sultans would be the Head of Islam in their states, it was added to the draft of the Federal Constitution at the suggestion of Justice Hakim Halim bin Abdul Hamid of Pakistan, who was a member of the Reid Commission, because he said the suggestion by the Alliance party that represented the people of Malaya to have that proviso added was inoccuous.

Sir Donald Charles MacGillivray personally felt that such a provision would be advantageous because the Yang DiPertuan Agong could at the same time become the head of the faith in the Settlements of Penang and Malacca (CO 1030/524 (10), MacGillivray to Secretary of State, 25 February 1957; See also CO 1030/524 (18), MacGillivray to Secretary of State, 21 March 1957).

This accord was reached between those who were party to the discussion – the Malay Rulers, the British who administered the Rulers’ sovereign states on their behalf, and the multiracial government chosen by the people in 1955 to represent them.

There is even a separation of jurisdiction when it comes to the position of Islam in the Federal Constitution.

The Syariah Law comes under the purview of the respective Rulers, and the Attorney-General of Malaysia, under Article 145(3) does not have the jurisdiction over proceedings before a Syariah court, a native court of a court-martial.

This separation of jurisdiction is also present as provided by Article 121(1A) where both the High Court of Malaya and High Court of Sabah and Sarawak do not have any jurisdiction over Syariah matters.  Therefore, any claim that the Syariah law infringes on the rights of the non-Muslims is fallacious.

The Malaysia Solidarity Consultative Committee chaired by North Borneo’s (later Sabah) Donald Stephens (later Tun Fuad Stephens) stated in its memorandum dated 3rdSeptember 1962 that the acceptance of Islam as the religion of the to-be-formed Federation of Malaysia would not endanger religious freedom within Malaysia nor will it make the country less secular (Malaysia Solidarity Consultative Committee Memorandum on Malaysia, 3 Sep 1962, p.p 120).

And that is how Islam became the religion of Malaysia.

(This article was first published by The Mole)

Beban Politik Harus Disingkirkan

darth madey

Satu minggu yang cukup menarik. Pembubaran parlimen yang begitu dinantikan telahpun berlaku. Pengumuman oleh SPR mengenai hari pengundian yang jatuh pada hari Rabu telah menyebabkan orang ramai tidak berpuas hati. Ini adalah kali ke-6 sejak kemerdekaan, yang menyaksikan pembuangan undi dibuat pada hari bekerja. 6 dari keseluruhan 14 pilihanraya umum Malaysia. Dan separuh darinya terjadi ketika Mahathir mentadbir Malaysia.

Ramai yang melenting kerana mereka hampir mustahil dapat pulang ke kawasan pengundian dan kembali ke tempat bermastautin selepas mengundi. Mereka kononnya dinafikan keadilan tanpa menyedari mereka sendiri berlaku tidak adil kepada penduduk kampung halaman mereka yang perlu mengadap wakil rakyat yang diundi mereka selama 5 tahun yang mungkin lebih teruk dari wakil rakyat sebelumnya.

Jika tidak mahu pulang mengundi, tukarlah alamat mengundi ke alamat bermastautin.

Lebih menarik, baru-baru di dalam satu penulisan di laman Facebook, DYAM Tunku Mahkota Johor telah menyeru kepada rakyat Johor untuk menolak parti atau pakatan yang akan memberikan kemenangan kepada Mahathir. Rakyat yang membaca terus menghamburkan kemarahan. Sebelum ini, apabila Tunku Mahkota Johor atau lebih dikenali sebagai TMJ mengkritik kerajaan, rakyat, termasuk mereka yang tidak mempercayai institusi beraja dengan akan pantas menulis ‘Daulat Tuanku’. Kini khalayak yang sama menyerang TMJ.

Saya kurang gemar  sekiranya seorang ahli kerabat diraja mengeluarkan kenyataan sedemikian kerana saya percaya, sungguhpun mereka mempunyai pandangan tersendiri, mereka perlu kekal tidak berpihak. Namun, ungkapan terkenal dari Walter Bagehot bermain di fikiran saya:

Raja mempunyai 3 hak: Hak untuk berbincang, hak untuk memberi galakan dan hak untuk memberi amaran

Ini diakui oleh Mark R Gillen dari Fakulti Undang-Undang, University of Victoria (Gillen 1994:7) Almarhum Sultan Perak, Sultan Azlan Shah yang juga mantan Ketua Hakim Negara pernah bertitah:

Adalah menjadi satu kesilapan jika peranan seorang Sultan, seperti seorang Presiden, adalah terhad sepertimana yang telah diperuntukan oleh Perlembagaan. Peranan seorang Sultan jauh melangkaui peruntukan Perlembagaan” (Azlan Shah 1986:89).

Maka, adalah hak TMJ untuk memberikan amaran kepada rakyat Johor mengenai apa yang baginda fikirkan sebagai berbahaya untuk rakyat baginda, dan demi perpaduan negeri baginda.

Jika Barisan ingin mengambil kesempatan untuk isu ini, saya fikir waktunya tidak kena kerana ia dilakukan terlalu awal, ketika negara baru hendak ‘memanaskan badan’ untuk menghadapi pilihanraya. Anda kini dapat melihat mesej-mesej yang disebarkan di dalam WhatsApp yang bukan sahaja menyerang Sultan Johor sekarang, tetapi juga menyerang Sultan sebelum ini, iaitu nenda kepada TMJ. Mahathir juga cepat mengeluarkan kenyataan, dengan berkata tulisan Pakatan itu hanya memberikan keuntungan kepada Pakatan.

Mungkin itu yang beliau fikirkan.

Perseteruan Mahathir dan Istana Johor berlaku dari sebelum Syed Saddiq dilahirkan lagi. Dua tahun selepas menjadi Perdana Menteri, Mahathir cuba mendapatkan persetujuan Almarhum Sultan Perak, Sultan Idris Shah untuk naik takhta sebagai Yang Dipertuan Agong ke-8 kerana Sultan Pahang bakal menamatkan tempoh perkhidmatan pada tahun 1984. Ianya berjalan serentak dengan kempen memburukan Sultan Johor, dalam cubaan untuk mendapatkan sokongan ramai.

Hubungan Mahathir dan Sultan Johor begitu teruk sehingga beberapa pegawai kanan tentera merancang satu rampasan kuasa pada tahun 1983. Panglima Tentera Darat ketika itu, Jeneral Tan Sri Dato’ Zain Hashim, seorang pegawai tentera yang amat cemerlang, terpaksa bersara pada usia yang masih muda, iaitu 52 tahun, pada Januari 1984 dan digantikan oleh Jeneral Tan Sri Dato’ Mohd Ghazali Bin Haji Che Mat. Jeneral Ghazali hanya berkhidmat sebagai PTD selama setahun sebelum dilantik sebagai Panglima Angkatan Tentera. Jeneral Ghazali telah diganti oleh Jeneral Tan Sri Dato’ Seri Mohamed Hashim Mohd Ali sebagai Panglima Tentera Darat, adik ipar Mahathir. Tentera Darat kini diperintah oleh seseorang yang setia dengan Mahathir. Jeneral Hashim kemudian menjawat jawatan Panglima Angkatan Tentera. Maka, berakhirlah segala ketidak-setiaan Angkatan Tentera Malaysia terhadap Mahathir.

Saya mengetahui butiran rancangan rampasan kuasa tersebut tetapi diminta untuk merahsiakannya.

Tidak, ini tidak menunjukkan Tentera hanya perlu setia kepada Raja-Raja Melayu, sebaliknya tentera juga perlu setia kepada kerajaan Yang Dipertuan Agong kerana menurut Artikel 39 Perlembagaan Persekutuan menteri kabinet adalah mewakili Yang Dipertuan Agong dan diberikan kuasa eksekutif untuk mentadbir negara bagi pihak Yang Dipertuan Agong. Maka, kesetian perlu diberikan oleh Angkatan Tentera Malaysia untuk Perdana Menteri dan kabinet beliau.

Segala perbuatan dan cubaan Mahathir keatas keluarga diraja Johor telah ditulis TMJ. Bukan rahsia lagi yang Mahathir begitu bencikan keluarga diraja kerana sejak zaman Perang Dunia Kedua lagi beliau telah bertelagah dengan Tunku Abdul Rahman, Perdana Menteri Pertama Malaysia dan kerabat diraja Kedah. Baru-baru ini, Mahathir telah menyerang projek Forest City dengan cuba menakutkan penduduk tempatan dengan kebanjiran warga China dan menyerang etnik Bugis, iaitu keturunan Najib dan dua orang Sultan, iaitu Johor dan Selangor dengan berkata ‘Lanun Bugis patut balik ke tanah asal mereka’.

Sultan Johor mengecam Mahathir kerana memainkan sentimen perkauman manakala Sultan Selangor mengecam komen Bugis Mahathir.

Mahathir masih tidak memohon kemaafan atas kedua-dua insiden itu.

Beliau adalah seorang yang pemarah dan akan membakar seluruh negara ini dengan kemarahan beliau” titah Sultan Selangor di dalam satu kenyataan yang dikatakan turut dipersetujui oleh Majlis Raja-Raja.

Apabila ditanya oleh media mengenai titah Sultan Selangor itu, Mahathir menjawab “Ya, saya memang pemarah dan anda sendiri boleh lihat betapa marahnya saya. Saya akan bakar anda dan akan terus membakar apa sahaja.”

Ya, Mahathir akan membakar apa sahaja asalkan beliau mendapat apa yang beliau hajati. Beliau tidak peduli sekiranya negara ini hancur. Ini adalah kerana beliau kian kesuntukan masa.

Sebelum bersara 15 tahun lepas, beliau mahukan seorang Perdana Menteri yang mendengar cakap dan yang akan melindungi beliau dan keluarga beliau dari sebarang siasatan, walaupun selepas beliau tiada lagi. Apabila Pak Lah enggan, beliau gulingkan Pak Lah. Kemudian datang Najib Razak yang mempunyai idea sendiri bagaimana negara ini perlu ditadbir dan dijadikan lebih baik. Mahathir, yang tidak biasa dengan orang-orang yang tidak mengikut kemahuan beliau, cuba menggulingkan Najib. Ianya merupakan serangan dari pelbagai arah, yang menguatkan lagi serangan sedia ada dari pembangkang.

Beliau berpakat dengan Muhyiddin dan Shafie. Beliau tahu bahawa beliau tidak boleh bergantung harap dengan Zahid Hamidi kerana beliau pernah memenjarakan Zahid di bawah ISA. Kesetiaan Hishammuddin terhadap sepupunya pula tidak boleh dipersoalkan. Beliau menekan kepimpinan UMNO dengan harapan Najib akan disingkirkan dan Muhyiddin akan dilantik sebagai Perdana Menteri lalu menjamin keselamatan keluarga beliau.

Malangnya rancangan itu gagal. Najib kembali teguh dan kini aktif membalas serangan. Muhyiddin dan Shafie dipecat dari kerajaan dan parti. Mahathir dan keluarganya kini berdepan dengan kemungkinan terpaksa menghadapi siasatan ke atas salahguna kuasa untuk mendapatkan kekayaan dan projek-projek tanpa tender terbuka.

Sebab inilah beliau nekad untuk kembali berkuasa sebagai Perdana Menteri – supaya beliau boleh jamin akan dapat melindungi keluarga beliau dari disiasat oleh pihak berkuasa.

Jika difikirkan, kenapa perlunya seorang ‘ yang berprinsip’ melanggar kesemua prinsip  dan bekerjasama dengan musuh ketatnya, yang diketahui ingin memusnahkan budaya dan adat istiadat orang melayu dan mungkin juga, institusi beraja?

Mantan-mantan pegawai tinggi polis dan tentera pasti ingat di dalam satu sesi golf di mana Almarhum Sultan Iskandar berkata Malaysia tidak memerlukan sistem Presiden dan mesti menyingkirkan ‘beban politik’.

Kita mungkin tertanya apa yang dimaksudkan oleh Almarhum tteapi saya rasa saya tidak mempunyai sebarang masalah mengenalpasti siapa yang dimaksudkan oleh Almarhum.

Namun, satu perkara yang pasti, Mahathir lebih rela untuk memohon maaf kepada Ambiga dan DAP kerana menggunakan perkatan ‘keling‘ daripada memohon ampun kepada Raja-Raja Melayu.

Lihatlah sendiri di mana kedudukan Raja-Raja Melayu berbanding Ambiga dan DAP di mata Mahathir.

Inikah sifat seseorang yang boleh memelihara kedudukan agama Islam dan keistimewaan Bumiputera dan orang Melayu di Malaysia?

Berhati-hatilah bila membuang undi kelak.

Non Compos Mentis

Zaid Ibrahim on a campaign trail (courtesy of parpukari.blogspot.my)

His Royal Highness Sultan Sharafuddin Idris Shah Alhaj, the Sultan of Selangor from my observation is a calm and very private person. He rarely makes any statement or gives interviews to the media except during his birthday celebration.  Only once in a blue moon would Sultan Sharafuddin voice out his concern, especially during the Kajang Move, because it was affecting the efficiency of His Royal Highness’s state government.  The Sultan had also expressed his concern over the rudeness of the Opposition and its supporters towards the late Sultan Azlan Shah of Perak during the Perak constitutional crisis of 2009.

 

The latest episode involves the adverse reaction by DAP’s Zaid Ibrahim to the Sultan’s statement on Mahathir’s remark on the Bugis people.  The statement was made as part of an interview with The Star for this year’s celebration of the Sultan’s birthday.  In his Twitter postings, Zaid said that when some Rulers play politics, they must know the consequences. Do not think there is no price for partisanship.

 

What earned Zaid the wrath of many was when he also Tweeted a warning to Sultan Sharafuddin saying the Sultan should be careful with his words (as) no one is immune when (the) country burns.

 

That is typical of Zaid, when he displays the usual non compos mentis character.  Often displaying his republican attitude, Zaid suits well in the DAP – a party known historically for its rash behaviour when it comes to respecting the Rulers Institution.  It is also well that he is a Malay, from Kelantan, as it would appeal to the fence-sitting Malays in Kelantan who are politically torn after the departure of PAS from Pakatan Rakyat effectively ending the coalition.

 

The late Karpal Singh once petitioned to sue Sultan Sharafuddin’s late father, Almarhum Sultan Salahuddin Abdul Aziz Shah Alhaj, in 1987 over a speech by Sultan Salahuddin to the Selangor branch of the Ex-Servicemen’s Association saying that he would not pardon drug traffickers in Selangor. The petition was rejected on the grounds that there was no lis.  In 2009, Karpal Singh had intended to sue Sultan Azlan Shah of Perak for appointing Datuk Dr Zambry Abdul Kadir as the new Menteri Besar, replacing DAP’s choice Nizar Jamaluddin.  Karpal was found guilty of sedition in 2014.

 

Since gaining some grounds after the 2008 general elections, the DAP has time and again displayed its disrespect to the Rulers Institution by not abiding by the dress code at state assembly openings.  One good example is of DAP’s Gwee Tong Hiang who was the Johor state assemblyman for Bentayan who did not wear a songkok at the state assembly opening.  The late Sultan of Johor, Almarhum Sultan Iskandar Ismail was not amused.

 

Two days ago someone here tried to be a hero by refusing to dress accordingly. If he wants (to differ), then get out of here now!” the late Sultan chastised.  Tong Hiang, unfortunately, was not present then.

 

The DAP had wised up since then.  Seen as a Chinese chauvinist party, such rude behaviour turned them into punching bags of the Malays, especially those from UMNO who had a feast turning the DAP into cheap meals.  The DAP quickly recruited liberal Malays into its fold, including Zaid, to do their dirty jobs for them.  This keeps the heat off the Chinese in DAP, but pit Malays against Malays.

 

What the authorities should realise is that such behaviour displayed most recently by Zaid Ibrahim sends the wrong signal that it is alright to reject Malay traditions including respect for the elders and the Rulers to the younger Malaysian who, at their age, would be mostly anti-establishment by nature.  If this goes unchecked, it would certainly give birth to more Zaid Ibrahims.

 

The authorities should take cue from Sultan Sharafuddin.

 

I am aware that Zaid had long been making false and incorrect accusations against me. He is a politician and a former minister whom I understand is against the royal institution. My advice to Zaid is simple, do not forget where you come from,” the Sultan said.

 

The Creeping of the Republicans

The Republican Creeps

I blame our history books.  In our eagerness to instill the spirit of nationalism, we took an easy way out by saying that we were colonised by the British, when in actual fact the whole of Malaya came under British rule only during the Malayan Union period.  Only Melaka, Pulau Pinang, Singapore, and for a while Pangkor and the Dindings were under the direct rule of Britain when they were  part of the Strait Settlements.  Other than that, the British advisers administered the Malay states through treaties, and the administrators were under the payroll of the respective Sultans or Rajas, not the British.

One of the leading evidence of the sovereignty and independence of the Malay states was a landmark case in England where in 1885 the Sultan Abu Bakar of Johor went to England, and according to the plaintiff of the case, Miss Mighell, took the name Albert Baker and promised to marry her.

It was held by court that the Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly concealed the fact that he is a sovereign, and has acted as a private individual.’ ‘When once there is the authoritative certificate of the Queen (Victoria) through her minister of state as to the status of another sovereign, that in the courts of this country is decisive’.

To an argument that Sultan Abu Bakar had waived this immunity, the court held that the only way that a sovereign could waive immunity was by submitting to jurisdiction in the face of the court as, for example, by appearance to a writ. If the sovereign ignored the issue of the writ, the court was under a duty of its own motion to recognise his immunity from suit.

The roles of the Malay Rulers are somewhat misunderstood.  While many often think that the Institution of the Rulers mirror that of the British’s Westminster-style monarchy, it is not.  The Rulers ruled this land even when the British were here to administer the land on behalf of The Majesties.

When 31 August 1957 arrived, the powers that the Rulers had invested in the British was duly transferred to a government that was chosen by the people through a process of democracy called Elections.  It is untrue that during the British administration of this land, and now, that the Rulers have no other power other than having a say in the matters of the Religion of Islam and the Malay custom.

The Rulers, as keepers of this land, continue to enjoy their position with their income regulated by the respective laws, and receive advice from the Menteris Besar (or in the case of the Yang DiPertuan Agong, the Prime Minister). This is evident in Article 181(1) of the Federal Constitution which states:

Subject to the provisions of this Constitution,” the “sovereignty, prerogatives, powers and jurisdiction of the Rulers…as hitherto had and enjoyed shall remain unaffected.

The same was noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:

a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89)

In other words, the Rulers may be Constitutional Monarchs, but they are not limited to what have been spelt out in the Federal Constitution.

When Syed Saddiq, the runner for Mahathir wrote to the Sultan of Selangor after His Royal Highness expressed great displeasure over Mahathir’s labelling of the Bugis as “pirates who should return to their own land” and pleaded for the Sultan’s support to “fight against corruption and injustice with the people” it shows this great-person-wannabe’s lack of understanding of the position of the Rulers in the Federal Constitution.

The Rulers are apolitical.  The Rulers do not take sides, or do not express openly whom they prefer over those they do not.  For instance, when the Menteri Besar of Selangor does something that is deemed un-Menteri Besar-like, the most the Sultan would do is to express a reminder for the Menteri Besar to improve his performance so that the lives of the subjects of His Royal Highness are not in any way adversely affected.  To encourage certain courses of action is part of the duty of a Sultan, but the Sultan is above politics.

In the words of Sultan Nazrin Muizuddin Shah of Perak in July 2011:

Rulers must use wisdom to calm situations, but they do not have a ‘magic lamp’ to keep unity, especially when the situation has become chaotic.

When racial strife hit Malaysia on 13th May 1969, the Sultan of Terengganu as well as other Rulers took steps to protect their non-Malay rakyats (Kobkua Suwannathat-Pian, Faculty of Humanities, Universiti Pendidikan Sultan Idris, Kobkua 2011:364). This goes to affirm the special press statement made by the Conference of Rulers in October 2008 explaining that the Institution of Rulers is a “protective umbrella ensuring impartiality among the citizens.”

After 2008, we have witnessed how lawmakers from a certain party have been rude towards the Malay Rulers, forgetting their place in the Federa Constitution.  The Rukunegara  – means nothing to them: there is no Loyalty to the lawmakers themselves are rarely guided by the belief in God as they lie as if God does not exist, they show no loyalty to King and Country except when they need favours or awards which also means they do not subscribe to the supremacy of the Constitution, they don’t believe in the Rule of Law when it does not work according to their overall game plan, and by being rude to the authorities beginning with the Malay Rulers show that they do not practice courtesy and morality.

And are we surprised that we now have common people threatening the police, council enforcement officers, biting court officers, or show gross disrespect for the authority of the Malay Rulers?  They learn such absence of manners from their political idols.

If I were to write a letter to His Royal Highness The Sultan of Selangor, it would be to plead to His Royal Highness to pressure the authorities to hasten their investigation into the seditious nature of Mahathir’s remark.

The Running Serial Convict

Today, His Majesty The Sultan of Selangor attended the Selangor Hari Raya Open House held at the MPAJ field in Pandan Indah.  In attendance was the Menteri Besar of Selangor, Azmin Ali.  The event invitation to the Selangor people was posted by Azmin on his Facebook page on 29 June 2017.  As with other states, Exco members, ADUNs and Members of Parliament are expected to attend.

The invite to the Selangor Hari Raya Open House that was posted by Azmin on 29 June 2017

His Majesty the Sultan attended the event together with Her Majesty The Tengku Permaisuri, and His Royal Highness The Raja Muda.

Azmin and wife together with HM The Sultan of Selangor, HM The Permaisuri as well as HRH The Raja Muda

Where were the Selangor Excos, ADUNs and MPs?

Let us for instance try and locate Sivarasa Rasiah who was chided by His Majesty The Sultan for giving a ceramah in a mosque was nowhere to be seen.  His last Twitter post was on the 18 June 2017.  Maybe he was away in another mosque somewhere in Sarawak, giving a ceramah judging by his Twitter display photo.

Missing In Action – Al Ustaz Sahibus Siamang, Sivarasa Rasiah

Another famous for nothing MP from Selangor is Pony Tua.  He too seems to be missing in action from the Selangor Open House, which is an event held for the Selangor people to celebrate Hari Raya together with His Majesty The Sultan of Selangor.

Not quite PONY TUA but a jackass all the same. And the teeth are definitely his

It seems that Pony Tua got all excited about another event held on the same day that has nothing to do with Selangor at all.  As a matter of fact, it has to do with Pulau Pinang.  Pony Tua was not promoting the event where HIS Sultan is attending, but was in fact promoting Tokong’s event!

Pony Tua promoting Tokong’s event

Although Pony Tua did not specifically mention anything about it being Tokong’s event, take note that it was held at 1Utama Shopping Complex.  There was another event, also held at the 1Utama on the same day as the Selangor Hari Raya Open House.

Tokong signed books at 1Utama

Wow! So, Tokong was in Petaling Jaya signing books instead of answering allegations made by the Barisan Nasional.  The fact that the book signing was held at 1Utama, it can be safely assumed that Pony Tua was also there to support Tokong’s event instead of attending the Sultan’s event.

Some may say that it is coincidental, but Tokong and his artist called Tomato were there to sign the comic books.  And guess who were there?

Steven Sim, the MP for Bukit Mertajam who is bad at Tai-Ji, takes a photo with Tomato, and was photobombed by….PONY TUA!

So, Pony Tua was supporting the event for the Tokong rather than attend the one with the Sultan.  After all, it is the DAP that is in control of the Selangor State Government, not PKR as believed, so why should Pony Tua care?

Let us now check on the Speaker of the Dewan Undangan Negeri Selangor, Hannah “Goat of God” Yeoh.  Since she is the Speaker of the Dewan, she should be at least promoting the Hari Raya event as did Azmin Ali on 29 June 2017.  Let us check her Facebook to see if that did happen.

Hannah Yeoh made no mention about the Hari Raya do on Facebook. Where was she?

Hannah likes to show those who voted for her events that she attended or promoted not just on Facebook but also on Twitter.  Let us now check her Twitter account.

On the same day Azmin Ali promoted the Hari Raya Open House do, Hannah promoted the I Heart Penang run event. Nothing on helping Azmin spread the invite to Selangorians to attend an event with their Sultan in attendance

Perhaps a Hari Raya event is unChristian for the Goat of God.  She wants to make sure that if Jesus had died on the cross for her, so should she.

So what was this I Heart Penang Run event?  Apparently Tokong can no longer con the Penang Lang so he needs to con the Selangor people as well.  So, this morning, he brought his Pulau Pinang people down to lead the Selangorians to run with him.  Not only that, these suckers were fleeced by the Robbing Hood called Tokong by RM25 per person!  Isn’t it odd asking Selangorians to pay RM25 to HEART Penang?  Why not organise only in Pulau Pinang?

Steven Sim above was not just in Petaling Jaya for the Tokong do at 1Utama, he also participated in the run…with another Selangor MP, Ong Kian Ming!  So, if all DAP MPs from Selangor was running for Tokong, who attended the Sultan’s event?

Ong Kian Ming, the Serdang MP was also at the I Heart Penang run

Truth be told, the DAP MPs and ADUNs of Selangor do not respect His Majesty The Sultan of Selangor.  To them, Tokong’s position is higher than the Sultan’s. Tokong is the CON-SULTAN.

Only Pulau Pinang’s Chief Minister is running. He is also running away from his battles

So, dear Steven, our Menteri Besar and other Chief Ministers do not feel the need to run.  They have not done anything wrong, have not been charged in court for corruption, and do not run away from questions and allegations like the Tokong does.  And I am still waiting for him to answer the questions and allegations made by the Barisan Nasional against him.

Until then, someone should keep the coffee warm for him.