Sultan's powers a double-edged sword

Many in the opposition parties watched almost gleefully as the crisis in Terengganu unfolded after its sultan rejected the prime minister's initial choice of menteri besar.

However, the episode raises one important poser as to whether it signified a step backward for the people and rule of law.

Raising this issue, DAP lawyer-turned-parliamentarian Gobind Singh Deo said state constitutional laws pertaining to the appointment by the sultans of state public officials need to be clarified as to their actual powers and limitations.

Not only would this ensure the smooth running of the government machinery after elections, state constitutional amendments along these lines would also ensure that democracy is upheld, said the Puchong MP.

“It boils down to one thing. What does the law say? At the end of the day, do the (royal) rulers of the country have the right to ignore (and say), ‘We don’t agree with the constitution (and) the law. We want it our way.’ Is this how it should be?

“If that happens, what do we, the rakyat, do? What do we, the rakyat, say?” he asked at a forum entitled ‘Forum on Interventionist Monarchs – A Complement or a Challenge to Democracy?’ held in Kuala Lumpur last night.

Wide powers

Explaining his stance to an audience of about 150 people at the Selangor Chinese Assembly Hall, Gobind noted that Articles 10 and 14 of the state constitution of Terengganu provides seemingly wide powers for the sultan to appoint the menteri besar and his state executive council.

The only limitations in terms of the sultan’s appointment of the MB are that he must be a member of the state legislative assembly and that the candidate - in the sultan’s judgement - ‘is likely to command the confidence of the majority of the members of the assembly.’

“There does not seem to be a restriction. It does not expressedly state the choice must be the choice of the prime minister or any such person, so it’s general. It does not seem to put any limitations,” said Gobind.

As it turned out, Terengganu Sultan Mizan Zainal Abidin rejected BN candidate and former menteri besar Idris Jusoh although the latter was BN chairperson Abdullah Ahmad Badawi’s first choice and had the backing of BN’s 22 state assemblypersons.

That - and Mizan’s subsequent appointment of Kijal state assemblyperson Ahmad Said - raises the question whether the requirement that the MB be one who ‘commands the confidence of majority’ was fulfilled, said Gobind.
Because the people had voted the BN state assemblypersons into power in Terengganu and Idris was the BN's choice for the post of MB, it can be argued that Idris was the choice of the people themselves, said Gobind.

“(When) election is held, candidates are presented to the people, (so) the choice ultimately lies in the hands of the people. If the candidate is corrupt, for example, then one would expect these matters to be brought up during the elections so that the people can make a decision.

“But if a person has been elected and without any... express proof of corruption, these are the candidates chosen by the people,” he added.

“The question is, can he (sultan Mizan) reject the choice (of Idris) if that is the choice of the majority of the house? We have laws in this country. If you do not comply with the laws and do not go with what the constitution states and, with due respect, if there is defiance coming from persons right on top, then you have to ask yourself the question: where do we stand in all this?” Gobind asked.

“At the end of the day, (these) very, very clear provisions of law (were) not - I have to choose my words very carefully if I’m not to get charged for sedition - not really accepted by the sultan,” he added.

Rules for a solution

Gobind acknowledged the argument of those who contend that the sultan acted rightly and within his powers in preferring Ahmad over Idris because - in the sultan’s judgement - Ahmad allegedly commands more of the confidence of the people and is more likely to work better with the sultan in Terengganu affairs.

Complicating matters further is the fact that Article 14 of the Terengganu Constitution declares that ‘His Royal Highness may in his discretion dispense with any provision in Article 10 restricting his choice of menteri besar’, noted Gobind.

“I also tend to agree with (this) view (that has been) expressed... There’s nothing wrong for the sultan to say he’s responsible for (the welfare of) his subjects,” he said.

However, as the results of the general election showed and saw the victory of the opposition parties in five states, the people had demonstrated and exercised their wish to assert who they wanted to be in government.

“I don’t know where one can draw the line because both arguments carry a lot of weight. But I would say that at the end of the day, we have to respect the wishes of the people. We have to look at the results of the election.

“The results of the election show us all one very important fact: you cannot and you should not under-estimate the power of the rakyat,” he added.

For all these reasons, the lacuna in the laws need to be amended and clarified, said Gobind.

“This is legal issue that really needs to be looked at. For the purpose of proper governance, there needs to be a discussion whether there needs to be amendments and whether the rules need to be made clear,” said Gobind.

“Perhaps some balance needs to be achieved, some scope for them (state monarchs) to have a say. Perhaps in the event of a deadlock, (there should be) some rules to suggest as to what the solution could be,” he added.