PETALING JAYA: There is nothing wrong with the statement issued by the Malay Rulers on 1Malaysia Development Berhad (1MDB), says Tun Dr Mahathir Mohamad (pic).
“Is this a breach of the assumed separation of powers between the Rulers and the Government?
“It is true that the Agong and the Malay Rulers are constitutional monarchs. But that does not mean that they are just rubberstamps to validate all the acts of their governments,” said the former prime minister in a blog post on Tuesday.
On Oct 8, Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said that the Government fully upholds and respects the system of constitutional monarchy and the concept of separation of powers.“This includes provisions relating to the powers of the Conference of Rulers,” Dr Ahmad Zahid said.
Earlier that day, the Malay Rulers issued a statement urging the Government to complete its probe into 1MDB swiftly and to take “appropriate stern action” against anyone involved, as failure to do so could lead to a crisis of confidence in the current leadership.
Dr Mahathir referred to Section 39 of the Federal Constitution that states: “The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable, subject to the provision of any Federal law and of the Second Schedule, by him or any Minister authorised by the Cabinet, but the Parliament may by law confer executive functions on other persons.”
He also added that Section 40 states that the Ruler shall be entitled to any information available to Cabinet.
“In the recent past we have seen Rulers rejecting nominees by the majority party for the office of Mentri Besar.
“Should the Prime Minister request for the dissolution of Parliament, the Agong may reject.
“Again we see here that the Agong and the Rulers may act on their own discretion. They may also consult and accept recommendations of any person or body of persons.
“Obviously if petitions are made or there is a public clamour, the rulers may not have to listen only to the Cabinet,” Dr Mahathir said.
Dr Mahathir said it was clear that nothing in the Constitution talks about the separation of power between the Government and the Ruler and in fact, in many instances, the Ruler may act at his own discretion.
“And the Agong may listen to other people than the Cabinet. This is only as it should be as failure of the Cabinet to address complaints by the people may require the Agong and the Rulers to urge the Government to respond,” he said.
Dr Mahathir, however, pointed out that the same could not be said regarding the principle of the separation of powers between the legislative, the executive and the judiciary.
“Currently, the Prime Minister, as head of the elected legislators, is clearly not respecting these principles.
“The Rulers may have heard and probably received petitions on the authoritarian disregard for the law and rules of Government.
“The citizens of this country are the subjects of the Rulers. As Rulers, they must care for the welfare of the people,” Dr Mahathir said.
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