KUALA LUMPUR – Istana Negara’s excerpt from its June 16 media statement that was reposted on its Facebook page yesterday is a signal by the King to Putrajaya that he wants Parliament to reconvene now.
In the post, Istana Negara extracted a section of the statement that read: “After taking into account the views of the leaders of political parties, the Special Independent Committee on the Emergency 2021, and briefings from experts and agencies, the Yang Di-Pertuan Agong is of the view that Parliament must convene as soon as possible. This is to allow the Emergency Ordinances and the National Recovery Plan to be debated by MPs”
Despite his personal wishes, His Majesty Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah is unable to directly instruct the executive led by Prime Minister Tan Sri Muhyiddin Yassin to reconvene Parliament as it would be overstepping his constitutional boundaries.
“That is the signal that His Majesty wants Parliament to be opened now,” a source close to the Palace told The Vibes.
“He is sending the message across that this (reconvening of Parliament) is what he wants.
“Since His Majesty indicated that Parliament should reconvene to debate the Emergency Ordinance, this means he wants the Dewan Rakyat to reconvene immediately, not after August 1,” said the source.
“He is subtly informing the prime minister and Law Minister Datuk Seri Takiyuddin Hassan of what the Conference of Rulers wants as both of them have been giving excuses for not reconvening Parliament before that”
The Perikatan Nasional (PN) administration had received tremendous negative backlash from the public due to Putrajaya’s perceived failure in managing the pandemic, questions about the transparency in the vaccine roll-out, as well as dealing with the resulting economic downturn.
In his original message dated June 16 following a conference with his fellow Malay rulers, the king had also said that there must be a stable and strong government operating effectively to manage the Covid-19 pandemic and restore the nation’s economy.
Here, the observer said that one can interpret His Majesty’s message that the mandate on who should lead the country and how to contain the contagion must be returned to the people.
Has Muhyiddin and his law minister committed ‘derhaka’?
At the same time, Muhyiddin’s announcement that Parliament will only reconvene in September or October, coupled with Takiyuddin’s deflection that the king did not specify an exact date on the lower house’s sitting, clearly shows that the duo have been surely, but politely defying the monarch’s wishes.
Earlier, The Vibes had reported constitutional experts saying that the head of state can actually force a parliamentary sitting to be held and that PN’s delay tactics regarding the Dewan Rakyat can be construed as derhaka (treason) towards the royal rulers.
Legal expert Datuk Salleh Buang said that while the federal constitution does not provide penalties for disobeying the king, including by not acceding to his decree for an immediate parliamentary sitting, such an act could have repercussions.
“In Malay culture, it (disobedience) is ‘derhaka’ (treason). Will the government and prime minister risk being called that?” he said.
“In the worst-case scenario, there will be a constitutional crisis. If that happens, the government should know that the king is together with the rakyat and the rest of the people, including opposition parties.”
The former federal counsel said based on common and logical sense, as well as in terms of priority, Parliament must be reconvened even before the emergency ends.
This is especially vital for the House to take immediate cognisance of the current ordinances and decide whether to scrap them, considering that they will remain in force for six months after the emergency ends, he said.
Agong can force Parliament to sit
At the same time, according to constitutional expert Datuk Wan Ahmad Fauzi Wan Husain, the powers accorded to the Yang di-Pertuan Agong under the law allow His Majesty to summon MPs for a sitting on a date he sees fit.
The director of Universiti Malaysia Pahang’s Institute of Civilisation and Strategic Studies said this can be done by promulgating a new emergency ordinance under Article 150(2B) of the constitution.
Wan Fauzi said that while the existing Emergency (Essential Powers) Ordinance 2021 states that Parliament can be summoned on a date which the Agong thinks appropriate, this has to be on the advice of the cabinet.
It is pursuant to Article 40 of the constitution, which stipulates that the king must accept and act according to advice for all general provisions under the supreme law.
“What this basically means is, at the moment, even if the Agong wants Parliament to reconvene, he can only do so if he is advised as such by the prime minister,” said Wan Fauzi.
To supersede this, he said, an ordinance has to be promulgated by His Majesty to suspend Article 40. This is allowed under emergency rule.
“In simpler terms, the king can basically come up with an ordinance to suspend the very provision that requires him to seek cabinet advice before calling for Parliament.” – The Vibes, June 19, 2021
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