Tunku Ismail's Johor 'equal partner' view unconstitutional - experts

Legal experts have described Johor Regent Tunku Ismail Sultan Ibrahim’s view that the state doesn’t belong to Malaysia, but instead is an equal partner, as both inaccurate and unconstitutional.

Universiti Sains Islam Malaysia law professor Mohd Hazmi Mohd Rusli said a leader should be more responsible in their choice of words, and that the formation of Malaysia is guided by provisions under the Federal Constitution.

“There is no provision in the Federal Constitution on the status of a state as an equal partner.

“Article 1(2) clearly explains that all states are a part of Malaysia, including Johor, Sarawak and Sabah.

“On how Malaysia is formed, how Malaysia is structured, we must go back to the Constitution,” said Hazmi.

In urging the federal government to treat Johor as its partner, Tunku Ismail on Sunday said some 20 to 30 percent of the state tax revenue amounting to RM48 to RM49 billion annually should be returned to the state.

Paying tax as Malaysians

Previously, as a guest on the “Keluar Sekejap” podcast, Tunku Ismail also quoted a similar view shared by his father, Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar.

Lawyer Mohamed Haniff Khatri Abdulla said reference must be made to two agreements - signed in 1948 and 1957 - that formed the Federated Malay States after independence.

“In simple terms, there are 11 states, nine under the rule of a sultan, and Penang and Malacca had graciously handed their sovereignty under the administration of the Malayan federal government (then).

“In other words, all of the states, Perlis, Kedah, Perak, Johor (and others) have handed over administrative powers to the federation of Malaya,” he said.

The Federal Constitution outlines the federal and state jurisdictions, as well as a concurrent list that allows Parliament and legislative assemblies to make laws on the same matters as long as there is no overlap.

Citing Tunku Ismail’s request for Johor to be allocated a higher portion of its tax contributions, Haniff argued that the federal government is funding basic infrastructures such as schools, hospitals, public transportation and others.

“When a Malaysian pays tax, whether they are from Perlis, Penang, Johor - they don’t pay tax as a resident of the state.

“They are paying tax as a Malaysian citizen and their tax is used by the federal government for various programmes under the ministries,” he said.

Hold discussions

On that note, Hazmi said any “unhappiness” over allocations for Johor should be resolved through discussions between the state and federal governments.

He also noted that Johor stands out as one of Malaysia’s most developed states, with ongoing construction of major infrastructure projects.

Yesterday, government spokesperson Fahmi Fadzil said the cabinet takes note of statements made by several quarters on several matters regarding the relationship between the federal and state governments.

While not addressing any of the demands directly, Fahmi said the relationship between the federal and state governments is guided by the Federal Constitution.

Aside from Johor, Penang Chief Minister Chow Kon Yeow on Monday said the state government plans to send an official letter of request regarding a similar proposal to return 20 percent of taxes collected from the state.

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