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Raja of Perlis must abide by constitutional role

LETTER | The Raja of Perlis (above) has promised that his appointment of the menteri besar would be based on the state constitution. Instead, he has now helped induce a constitutional crisis.

On May 13, it was reported that Perlis Umno liaison committee chairperson Shahidan Kassim had submitted several names including his younger brother Ismail Kassim to the monarch for his consent.

But the monarch’s reason for the delay in making the appointment was: "Some names have been brought to me but I have not made a decision as I do not know them at all.”

The monarch granted an audience to the acting president and acting deputy president of Umno yesterday. Instead of appointing an assemblyperson who has the confidence of the state assembly, the monarch appointed Azlan Man.

Nine assemblypersons refused to turn up for his swearing-in showing their clear rejection of Azlan, and that Azlan did not command their confidence. Azlan was promptly sacked by Shahidan at a Kuala Lumpur press conference.

It was obvious the Umno assemblypersons won the mandate to form the state government in Perlis. The Umno assemblypersons' action could only mean that they have no confidence in Azlan Man. Having been sacked, assuming it is validly done, Azlan is now an independent assemblyperson.

At the most, Azlan has the confidence of the minority five other non-Umno assemblypersons He obviously does not command the confidence of the state assembly.
The monarch’s appointment of Azlan Man has now induced a constitutional crisis. Azlan will not be able to advise the monarch on his exco, nor would he be able to conduct a successful first state assembly meeting to elect the state speaker.

Something has to give. First, the monarch does a royal about-turn, revokes his appointment of Azlan, goes back to being strictly advised by all the assemblypersons to ascertain who commands their confidence and makes a new appointment.

Second, Azlan Man could somehow show he suddenly commands the confidence of a majority of the assembypersons and that he should proceed to advise the monarch on his exco for swearing-in and conduct the first state assembly meeting to elect the state speaker.

If Azlan cannot do this promptly, he must inform the monarch that he relinquishes his MB appointment. The monarch must then make a new appointment.

There is no third way out, through strategic delay, “I made my appointment, the ball is now in the court of the Umno leadership.”

Excuses such as not wanting to thwart the development agenda of Perlis, the new Perlis must work with the federal government for development funding, that Ismail might be Shahidan’s puppet, that they might conspire to leak official secrets, that Shahidan did not contest in the elections, that the Umno assemblypersons have committed disloyalty – these are but red-herrings and extra-constitutional. Citing these excuses do not cover up the obvious faux pas.

The monarch must be reminded that the state constitution’s discretion in appointing the MB does not extend to allowing the monarch’s personal choice when he or she does not command the confidence of the assembly.

The monarch does not have constitutional discretion in making the MB appointment as he sees fit. The monarch has to be advised by the assemblypersons in making the appointment of one who commands the confidence of the assembly.

His political preferences cannot be allowed to come into the appointment. That would be a clear breach of the state constitution, the spirit of the Federal Constitution and constitutional monarchy conventions.

The monarchy must stay a symbol of stability, continuity and national unity. He must stay above the political fray. He cannot play a political-chooser role. It is only by playing its constitutional role strictly by the state constitution, the spirit of the Federal Constitution and constitutional norms, that he can retain his political legitimacy and not induce political instability.


The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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