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Monday, 4 June 2018

Blogger of Syed Outside The Box - Syed Akbar Ali Writes to Perak Sultan on AG Issue echoing the thoughts of Many Malaysians

Monday, June 4, 2018

To My Sultan, HRH Sultan Nazrin Shah Of Perak.




Ke Bawah Duli, 
HRH The Sultan Nazrin Shah of Perak.

Your Royal Highness,

Being a son of the most beautiful State of Perak and your respectful subject I write this with the hope that it will reach your ears before the meeting of the Malay Rulers which has been reported as taking place tomorrow Tuesday 5th June 2018.





Although this is my personal opinion, I do believe many Malaysians are with me on this matter.

It has been almost one month since the General Elections of May 9th 2018.  Yet, since the new government took over the reins there has been an almost concerted effort to prevent the government from carrying out its duties.  The new government cannot even begin to fully function in administering the affairs of the country.

Firstly the results of the General Elections of May 9th were late in being announced.  The story goes that it was you yourself who intervened and advised the IGP to closely uphold the law and accept whatever outcome of the polling. 

For this intervention the country owes you much gratitude. Daulat Tuanku.  

Then the swearing in of the new Prime Minister was intentionally delayed.  There is no other way of saying this. 

There was a very late minute and unconstitutional attempt at re-determining who should be Prime Minister when the winning coalition had already  presented its choice of  prime ministerial candidate.  In the end the choice of the winning coalition prevailed.  Meaning that the late minute interference was totally uncalled for.

That single mis-step  has created  a  huge trust deficit in  the peoples' perception of the  Constitutional House(s). 

The matter has now become worse.  There is yet more interference into the Constitutional powers and authority of the Prime Minister.  Now the simple appointment of an Attorney General has become a storm in a tea cup.  

To the extent that a meeting of the Malay Rulers has been called  to help resolve a rather clerical matter.  Surely the Malay Rulers are preoccupied with many important affairs of  their States. 

I trust that Your Majesty has read or been briefed about the arguments being put forth to delay  or deny the appointment of a new Attorney General.

None of the arguments seem to hold water, especially from a Constitutional point of view.

It was a quick education for me to read that in our Federal Constitution the Attorney General CANNOT and DOES NOT have any authority over Military Courts, Native Courts and Shariah Courts.   

‘145(3): The [AG] shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.’ 

Therefore the Attorney General cannot advise anyone on shariah related issues.  This by itself destroys the argument that the Attorney General must be well versed in Shariah matters. 

In the same way, all the other arguments also get destroyed.  

The dissenting arguments against the Prime Minister appear constitutionally untenable.   The Prime Minister's 'advice' is binding.  Otherwise, the Office of the Prime Minister can become quite nonsensical and the government cannot function. As we speak the Attorney General's Chambers cannot carry out its duties and obligations.   

But there is a much larger issue at stake here.  
The people are perplexed. 
Why take this route? 
What is the desired outcome? 
Who benefits from this behaviour?
How does this benefit the people?

The people have suffered and endured much over the past years under an oppressive and unpopular government.  Hence  the people have risen mightily and  got rid of a ruling party that has been in power for 63 years. This is the will of the people.   

The people have done this all by themselves. No one else came to help them in their hour of need. They now breathe much easier and look forward to a better future.  This is the wish of the people.

My hope is that your Royal Highness will share this information tomorrow with your brother Rulers and convince them to let the Prime Minister do his job as he deems fit.   

And once again the people will greatly appreciate your intervention on their behalf. 

Thank you and Daulat Tuanku.



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