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Constitutional crisis nibbed in the bud by modern Malays

LETTER | Finally, the attorney general has been appointed amid a brief dispute between the new Pakatan Harapan government and the Conference of Rulers, in particular, the Yang di- Pertuan Agong. Had it continued another constitutional crisis would have ensued.

Indeed, it’s another historical moment which made the people’s voice, especially the Malays’ heard louder than ever, in appointing Tommy Thomas (above), a non-Malay, as the attorney general.

For this, besides the non-Malays, credit should also be given to the modern Malays who stood firmly behind Dr Mahathir Mohamad and his pack’s unprecedented move to appoint a non-Muslim candidate to fill this very powerful post, despite a strong opposition from a fraction of Malay- rightists who insisted that the AG must be a Malay- Muslim.

However, the usual racial and religious bigotry which was launched by the Malay-rightists to quash the appointment of the new AG failed miserably.

Although there were no objections anywhere in the Federal Constitution for a non-Muslim AG, traditionally, our previous AGs were all Malay- Muslims, especially after independence. Therefore, Tommy Thomas’ appointment as the AG widely regarded as a bold move by the newly minted government.

On the other hand, a brief observation on social media would tell that apart from the non-Malays, a large number of Malay netizens also strongly supported the appointment of the new AG and shot down the utter bigotries raised up by a relatively a small number of social media users- believed to be the Malay-rightists.

Apart from avoiding the bait set by the staunch proponents of Malay supremacy, the response by the silent but wise Malay-netizens have reflected their knowledge of the Federal Constitution and how it works in the selection of a suitable candidate for the AG's post.

The Malays’ sentiment over the short-lived tussle between the Conference of Rulers, the far right-Malays and the Harapan government over the AG's post was very clear on social media. It simply showed that they are not immature as they were thought to be by the previous government, a few decades ago.

In other words, these new progressive-Malays are well aware that the AG should be a candidate qualified to be a judge of the Federal Court and would be appointed by the king on the PM’s advice as enshrined in the article 145(1) of the Federal Constitution.

They were also found to be well aware that this time around the AG is not the PM’s personal choice but the choice of the other component parties of the Harapan as well. And more importantly, the new generation of Malays are not so gullible to believe that the AG must be well-versed in syariah laws because its clearly stated in the Article 145(3) of the Federal Constitution that the AG got nothing to do with Syariah court, a native court and a court-martial. It means AG’s power is not exercisable in the aforesaid three courts, especially syariah courts.

The modern- Malays’ knowledge about the Federal Constitution and the appointment of the AG is indeed a tight slap on the faces of the so-called defenders of the Malays.

Thanks partly to the seasoned lawyers and the prominent writers like Kadir Jasin and Syed Akbar Ali, who quickly came to rescue the nation from another bout of constitutional crisis, via their brilliant and bold writings, to explain the actual procedures involved in the appointment of AG, without fear or favour.

Adding to that, they also have successfully explained via their articles in the social media that the Article 153, which elaborates the special position of the bumiputera remains intact and will be well guarded by the institution of the Malay rulers, notwithstanding the AG being a non-Malay.

Apart from that, the farsighted Malays’ decision to stand by the current government’s stance to fight impunity through the recent appointment, expected to pave the way for a fair and just proceedings in the upcoming and future cases, especially when it involves the key peoples, be it in the current or the previous government.

Therefore, its needless to say that the rakyat, largely the Malays, have shown on the social media that they are desperate to see important amendments made in the Federal Constitution, in order restrict the power of the executives and subsequently unshackle the judiciary from them, to haul the wrongdoers - no matter who - to justice.

Having said that, don’t you think the modern-Malays should be commended for their determination to see the nation not only to uphold the rule of law but also the democratic values which are a distant reality for many countries out there?


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

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