The Malaysia Story via its Constitution


August 25, 2017

The Malaysia Story via its Constitution

by Zairil Khir Johari

http://www.newmandela.org

Much can be told about a country’s character through its laws. Correspondingly, the transformation of a country’s legal regime over time can be said to be a reflection of the socio-political evolution of its society.

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Take the Constitution of the United States of America. To date, there have been 27 amendments since its promulgation in 1789. The first ten amendments are collectively known as the Bill of Rights, and spell out the aspirations and desires of a fledgling nation in the form of a solemn promise of fundamental rights in relation to religion, speech, press, assembly, the right to bear arms and protections in the criminal justice system.

Following the end of the Civil War in 1865, amendments were made to abolish slavery and further define the rights of its citizens. As the twentieth century got underway, the Constitution was further amended to reflect the changing times—voting rights for women, tax concerns, and that peculiar period in modern American history known as Prohibition.

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In 1963, the assassination of President John F Kennedy paved the way for the 25th amendment, which establishes clear procedures for filling the post in the case of an abrupt vacancy. In 1971, following nationwide student activism in protest of the Vietnam War, the Constitution was amended for the 26th time to lower the voting age from 21 to 18.

The Malaysian story

In similar vein, the evolution of the Federal Constitution of Malaysia since Merdeka in 1957 also provides a picture of how our nation has progressed—or regressed, depending on perspective—throughout the 60 years of its existence.

Unlike the US, the Malaysian Parliament is not shy when it comes to tinkering with the supreme law of the land. To date, there have been 57 constitutional amendment acts, which corresponds to an average of almost one a year. However, it would be disingenuous to compare the two charters like for like, as the US Constitution, which comprises only seven articles, is meant to provide a “frame of government” that sets out the broad scope and functions of the main branches of the federal government, viz. the legislative (Congress), the judiciary and the executive (the office of the president).

On the other hand, the Malaysian document is 12 times longer, comprising 15 parts, 230 articles, and 13 schedules—all of which detail very specific provisions on numerous issues including revenue from toddy shops to capitation grants from the federal government to the states. For practical purposes, many of these provisions naturally require updating every once in a while.

That said, a number of scholars have noted that the actual number of amendments that have been made to the Federal Constitution is closer to 700, if each individual change is counted. Be that as it may, it is the substance more than the quantity of the amendments that really matters, and on this score constitutional expert Shad Saleem Faruqi has opined that fundamental alterations to critical areas have resulted in the dilution of the spirit of the original Merdeka Constitution. In addition, legal scholar HP Lee even describes the changes as amounting to “a truncation of safeguards which had been considered by the Reid Commission as vital for the growth of a viable democratic nation”.

1960: Ending the Emergency without losing emergency powers

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Tunku Abdul Rahman

The first major amendment to the Constitution took place in 1960, three years after Merdeka. In tabling the Constitution (Amendment) Bill 1960, the government moved to amend 33 articles and insert two new ones, besides amending the second schedule. While it is not unusual for a fledgling country to amend its constitution after a few years of finding its feet, some of the changes that were undertaken had serious and far-reaching consequences.

It is perhaps important to first understand the context of the times. Malaya, as the country was called then, had gained independence in 1957 in the midst of a communist insurgency that began in 1948. By 1960, the war had begun to wind down as the communist objective of seeking independence by force from the British had, by virtue of Merdeka, been rendered moot.

However, instead of capitalising on the end of the war to usher in a new era of peace and greater freedom, it was a case of the government wanting to end the Emergency without losing emergency powers. This can be clearly seen from amendments made to Part XI of the Constitution, encompassing Articles 149 to 151, which deals with legislation against subversion and action prejudicial to public order.

Article 149 provides for the creation of Acts of Parliament that would, in the face of subversive threats to the Federation, cause the suspension of fundamental liberties enshrined in Articles 5, 9, 10 and 13 with regards to freedom of speech, association, movement and property, and freedom from unlawful detention. These “threats” were originally confined to conditions of organised violence, but were in the same amendment expanded to include attempts to incite communal hostility and acts “prejudicial to the security of the Federation”. This is of course an understandable provision given the tumultuous security situation of the time. However, the same article also provided a sunset clause that stipulated that all such legislation would cease to have effect after one year. In other words, laws allowing preventive detention were meant to be temporary features.

Unfortunately, this critical safeguard was repealed in the amendment, thus paving the way for the creation of the notorious Internal Security Act 1960, which remained in force until its repeal 52 years later, only to be succeeded by similarly powerful incarnations such as the Security Offences (Special Measures) Act 2012 and the Prevention of Terrorism Act 2015.

Meanwhile, Article 150, which governs the declaration of states of emergency, used to contain in its original version a clause that would necessitate, in the event of an emergency proclamation, its tabling in both Houses of Parliament at the soonest convenience. Once convened, Parliament must approve the resolution for the emergency, failing which it would automatically expire after two months from its date of issue. In the case that Parliament is not sitting at the time, then the Yang di-Pertuan Agong could issue emergency ordinances that would expire 15 days after the reconvening of Parliament.

However, the provisions were amended to remove the need for parliamentary approval. Instead, any emergency proclamation or ordinance would now continue to be in force until such time that Parliament annuls it. The corollary had been reversed—where parliamentary approval was previously required to maintain a state of emergency, it was now only required to end one. These amendments were to set the scene for many long term emergencies and the ultimately the suspension of Parliament in 1969.

While most of the other constitutional amendments made in 1960 were mainly administrative in nature, there were still a few more that carried questionable overtones. Take, for example, the amendments to Articles 122, 125 and 138, which resulted in the repeal of the Judicial and Legal Service Commission (JLSC), hitherto responsible for making all recommendations with regards to judicial appointments.

Following that, the power to initiate disciplinary proceedings against judges was transferred from the defunct JLSC to the Agong on the advice of the prime minister, thus severely curtailing the independence of the judiciary. Repercussions from this move did not become apparent until 28 years later when the provisions facilitated the sacking of the lord president (now known as chief justice) Salleh Abbas and two other judges of the Supreme Court, precipitating a judicial crisis from which the nation has never fully recovered.

In addition to the judiciary, an amendment to Article 145 also had the effect of changing the position of the attorney-general from a tenured one, much like a Supreme Court judge, to one that is held at the pleasure of the Agong. The intentions here were probably less sinister as it made the position a political appointment, which meant that the attorney-general could be a member of the government and therefore directly answerable to Parliament, as was the case from the 1960s to the early 1980s when the post was typically filled by members of parliament. However, it also meant that they could be unceremoniously sacked at any time, as Tan Sri Abdul Gani Patail was to discover in 2016 after running afoul of the prime minister.

1962: Consolidation of power

The second major amendment to the Constitution took place just two years after the first. In 1962 a bill was moved to amend 29 articles, adding three more articles while repealing three others. Changes were also made to a number of schedules, including the introduction of the 13th schedule which governs electoral rules.

By and large, the 1962 amendments saw the tightening up of laws and other minor administrative matters involving executive authority, legislative powers, and financial matters including the assignment of revenue from minerals to states. Nonetheless, major changes were also made, particularly to Parts III and VIII concerning rules of citizenship and the electoral system respectively, both tied to the long term survivability of the ruling Alliance government.

Citizenship had been one of the most contentious political issues leading to independence, and continued to dominate public discourse in the years following. The Reid Commission, drafters of the Constitution, had liberalised citizenship requirements so that many ethnically non-Malay residents could become citizens and, accordingly, gain electoral franchise.

The consequences of the more liberal citizenship policy would not be seen until 1959 when the first general election of independent Malaya was held. The Alliance government saw its control over 99 per cent of seats in the Federal Legislative Council reduced to only 71 per cent in the newly constituted Parliament of Malaya. Besides losing control over Kelantan and Terengganu, two states in the Malay heartland, much of the Alliance’s losses were also due to low levels of support from the newly qualified non-Malay voters in urban areas.

Thus, faced with diminished influence, the Alliance moved to appease Malay voters through a massive rural development program while they sought to contain the non-Malays by two means: firstly, citizenship was made more difficult to acquire and easier to lose, and greater discretionary power in citizenship matters was placed in the hands of the executive. Secondly—and more effectively—fundamental changes were made to the electoral system in order to mitigate the potential threat of non-Malay electoral strength.

However, tinkering with election rules was not an easy task, thanks to the Reid Commission’s foresight in embedding provisions to ensure that the Election Commission (EC) was not only independent but also accorded total authority over the delineation of constituencies without the need for parliamentary oversight. This meant that political parties, even if they were in power at federal or state level, would have little influence over the review and delimitation of constituencies.

In 1960 an electoral redelimitation exercise was conducted by the EC in strict conformity with the letter of the Constitution. As constituencies became more fairly apportioned and voter disparity was reduced to a maximum deviation of 15% of the average constituency size within a state, it became apparent that urban non-Malay voters would gain an increased share of electoral influence at the expense of the Alliance’s traditional rural Malay vote base, which would lose its rural weightage advantage.

Alarmed by the outcome of the redelimitation exercise, the Alliance government passed a raft of changes to the Constitution in 1962 that effectively annulled the revised constituencies, added new rules for constituency delineation, increased the 15% deviation limit to 33%, and even more significantly, stripped the EC of its independence and role as final arbiter of constituency changes. As a result, the EC is now mandated only to conduct redelimitation reviews before presenting its recommendations to the prime minister, who in turn will then table them ‘with or without modifications’ to Parliament for approval by simple majority.

In the grand scheme of things, the constitutional amendments made in 1962, particularly with regards to election rules that provided Parliament with even greater control over the creation and boundaries of constituencies, can be seen to have been the greatest contributor to the longevity of the ruling regime’s hold on power, unbroken to this day.

1963–1969: A nation in transition

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Tun Abdul Razak

Just a year after the 1962 amendments, the Constitution underwent another major overhaul. The Malaysia Act 1963 was introduced to accommodate structural changes to the country with the addition of Sabah, Sarawak, and Singapore into the expanded and renamed Federation of Malaysia.

As can be expected, minor changes had to be made to more than a hundred articles in order to include the new states. For the most part, the amendments were procedural in nature with a few exceptions such as the reinstatement of a watered down version of the JLSC. In 1964 and 1965 the Constitution was amended twice for minor administrative matters involving the legislative, executive and judiciary, as well as further tidying up of laws following the expansion of the Federation.

Unfortunately, the new union was not to last. In protest of what Indonesian president Sukarno labelled the “neo-imperialist” creation of Malaysia, Indonesia declared a “confrontation” against the Federation, proceeding to wage violent conflict for the next three years. Besides military skirmishes in Borneo, a spate of bombings were also carried out in Singapore, the most famous of which was the bombing of Macdonald House on 10 March 1965, which killed three people and injured 33 others. (The confrontation with Indonesia also provided the pretext for the Alliance federal government to suspend local government elections in 1965. The third vote has since been abolished.)

Adding to the pressure were racial tensions stirred up by various parties including Indonesian saboteurs, nationalist Malays as well as pro-communist leftist elements. During Singapore’s two year period in Malaysia, numerous racial riots occurred, including the notorious 21 July 1964 riot that broke out during a procession to celebrate the Prophet Muhammad’s birthday, resulting in the deaths of 22 people. Further smaller scale riots took place later in the year, contributing to an immensely tense environment. These events had also taken place against the backdrop of a racially charged 1964 general election, which served to strain the relationship between the Alliance and the People’s Action Party, which ruled Singapore.

With disagreements coming to a head over social, political and even economic and financial issues, the relationship became untenable. On 9 August 1965, Malaysian Prime Minister Tunku Abdul Rahman Putra moved to enact the Constitution and Malaysia (Singapore Amendment) Act 1965 in order to separate Singapore from the Federation. With the removal of Singapore, the Constitution had to be amended again. This was conducted in 1966, affecting 45 articles and four schedules.

1966 saw further constitutional issues as it was Sarawak’s turn to face a crisis. In June 1966, following dissatisfaction over a native land reform law advocated by Sarawak Chief Minister Stephen Kalong Ningkan, 21 out of 42 members of the state legislature petitioned the governor of Sarawak to remove Ningkan. With the backing of the prime minister, the governor demanded Ningkan’s resignation, but the latter refused as he insisted due process had not been followed as there had not been a motion of no confidence in the legislature.

Ningkan was sacked anyway, leading him to file a suit at the High Court, which ruled in September that the governor did not have the power to dismiss a chief minister. Ningkan was then reinstated but before he could dissolve the legislature to seek a fresh mandate, the federal government moved the Emergency (Federal Constitution and Constitution of Sarawak) Bill 1966 in order to declare a state of emergency in Sarawak, thus suspending elections in the state. Further to that, the state constitution of Sarawak was also amended by Parliament to authorise the governor to convene the state legislature without going through the chief minister, leading to Ningkan’s ultimate dismissal.

The high-handed removal of the Sarawak chief minister in 1966 marked the first time that a power grab was facilitated by the federal government, though it would not be the last. In 1977 a coup by members of the Pan-Malaysian Islamic Party (PAS) against the Kelantan chief minister was foiled when an emergency was declared by the federal government, thus keeping the incumbent chief minister in place until elections were held the following year. In the event, Barisan Nasional (the renamed Alliance coalition) managed to gain power for the first time in the state.

More recently in 2009, the Perak chief minister from PAS, leading the Pakatan Rakyat (PR) coalition government, was removed by the Sultan of the state following defections of PR assemblymen who declared support for BN. Following an audience between the prime minister and the Sultan, the latter refused the chief minister’s request for a dissolution of the state legislature, and instead appointed a new chief minister from BN. Although a successful challenge was made at the High Court, the verdict was later overturned by the Court of Appeal and Federal Court, which held the takeover was legal.

1969-1973: Aftermath of a tragedy

Topping off what is probably the most eventful decade in Malaysian history is the infamous 13 May 1969 racial riots. Tensions had mounted in the years leading up to the 1969 general election, resulting in outbreaks of sectarian violence. In November 1967 a hartal organised by Maoist sympathisers in Penang turned bloody, although it was contained from spreading beyond the state. In June 1968 protests against death sentences meted out to 11 Chinese members of the Malayan Communist Party took a racial slant until their sentences were commuted.

Eventually, the official general election campaign period, from nomination day on 5 April to polling day on 10 May, saw sentiments coming to a boil as racial and religious politics were played up to the hilt. A fortnight before polling day, a Malay political worker was killed in Penang. But while this incident managed to be quelled, another incident in Selangor occurred 10 days later, in which a young Chinese man was shot, reportedly in self-defence, by police officers.

Sensing political opportunity, leaders of the Labour Party, which had by then fallen under the control of far left elements and had also boycotted the general election, somehow ended up hijacking the organisation of the funeral procession. Held just a day before polling, the procession turned out to be one of the largest ever seen in KL, and was by most accounts less a funeral than a mass political demonstration complete with banners carrying revolutionary Maoist slogans and the depiction of the deceased as a political martyr.

A day later, Malaysia went to the polls. By 11 May, it became obvious that the Alliance would retain power with a drastically reduced majority. Not only did the coalition fail to attain 50% of the popular vote share, they also lost their two-thirds majority in Parliament for the first time. On top of that, they also lost their majorities in the Penang, Kelantan, Perak and Selangor state assemblies, the latter two ending up in a hung situation with no party having an absolute majority.

Elated by the unprecedented results, opposition parties in the capital celebrated their success by holding large processions. Naturally, sentiments were highly racialised and provocative. In response, the Malay daily Utusan Melayu’s editorial suggested that Malay political power was under threat, prompting members of UMNO Youth to respond by organising a victory parade in the capital.

What followed on 13 May will forever be etched in history as Malaysia’s day of disgrace, described by the Tunku as a “social and political eruption of the first magnitude,” a dark moment when Malaysia was betrayed by Malaysians. Blood flowed through the streets of KL as hundreds were killed in sectarian rioting.

A state of emergency was soon declared and on 16 May, Parliament was suspended—a sequence of events that would not have been possible were it not for the constitutional amendments of 1960. In the absence of parliamentary rule, a National Operations Council (NOC) was established to play the role of a caretaker government under the directorship of Deputy Prime Minister Abdul Razak Hussein. State and district operations councils were formed to govern the country at the different levels.

The level of premeditation and actual motivations behind the decisions and events precipitating the riots will forever be the subject of conspiracy theories. But what cannot be denied is the fact that the 13 May incident marked the end of the first epoch of Malaysian history, and the beginning of a new era under Razak, who ruled as head of the NOC and eventually as prime minister upon the retirement of the Tunku and reconvening of Parliament on 22 September 1970.

From the ashes of the bloody riots, a new social compact was forged in the form of the New Economic Policy (NEP) which laid the ground for an assertion of Malay nationalism in various sectors including education and the economy through social reengineering and affirmative action programs. The national political landscape was also transformed with the creation of the BN grand coalition in 1973, which absorbed opposition parties including PAS, Parti Gerakan Rakyat Malaysia (Gerakan) and the People’s Progressive Party (PPP) in West Malaysia. This had the effect of restoring the two-thirds majority in Parliament and consolidating control over every state government in the country.

Armed with total control, Razak moved to enshrine the new social compromises through the controversial Constitution (Amendment) Act 1971. Dubbed the “sensitive matters amendment”, seven articles were changed including those governing freedom of speech, assembly and association, parliamentary privileges, the national language, and the expansion of the scope of Article 153 that deals with the protection of the “special position” of the Malays.

As a result of the amendments, fundamental liberties were proscribed so that “sensitive matters”—defined to include issues such as citizenship, language, the special position of the Malays and the natives of Borneo, and the rulers’ sovereignty—could not be discussed openly, even in Parliament. The Sedition Act, previously inapplicable within the confines of the august House and state legislatures, now applies throughout.

These amendments were further augmented by other proscriptive legislation, such as the University and University College Act 1971, which forbade university students from participating in political activities, and the Official Secrets Act 1972, which cast a wide net for deeming what is confidential and hence unlawful to disseminate.

Further to that, Article 159 was altered so that the consent of the Conference of Rulers, previously required only for amendments to provisions affecting the special position of the Malays and the rulers themselves, was now also required for those affecting the national language, parliamentary privilege and certain fundamental liberties. Meanwhile, Article 153 was modified to allow the creation of quotas for Malays and natives in institutions of higher education, in addition to existing quotas for public service, education and commercial permits and licenses.

In 1973 another major constitutional amendment bill was moved that carried major electoral impact. Constitutional limits to rural weightage which had been loosened in 1962 when the maximum deviation was increased from 15% to 33%, were abolished altogether. In the absence of the safeguards that were put in place by the Reid Commission, seats could now be created that are up to four or five times the size of other seats within the same state, as is the case today.

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Malaysia’s Man of Honour and Integrity

 

In addition, the power of the EC to apportion constituencies was abrogated and instead specified in the constitution, hence amendable only by a two-thirds majority vote in Parliament. With deviation limits removed, the government of the day had practically awarded themselves carte blanche powers to delineate and apportion constituencies in any manner that was convenient to them.

Finally, the amendments also saw the carving out of KL as a federal territory, thereby removing it from the state of Selangor. As the majority Chinese population of KL was seen to have played a key part in the defeat of the Alliance in Selangor in 1969, excising the city also meant ridding the state of most of its opposition-leaning voters. Not only did it secure Selangor for BN, it also essentially robbed the voters of KL of their right to representation at the local level, as the federal territory has no elected legislature.

1973–1994: The Mahathir Era

Between 1973 and 1985, the Constitution was amended 11 more times, including numerous modifications to the capitation grants to the states, the creation of the federal territory of Labuan, further tightening up of election laws which gave the government even more discretionary powers, and the introduction of the ringgit as the national currency.

Of particular note were amendments made in 1983 and 1984 with regards to the legislative role of the rulers. In 1981, Mahathir Mohamad took over the job that he would go on to hold for the next 22 years. Never shy to challenge the orthodoxy, having been responsible for an infamous open letter to then Prime Minister Tunku Abdul Rahman Putra in 1969 that blamed the latter for the 13 May riots, Mahathir began the first of numerous confrontations with the Malay royalty in 1983.

Prior to this, the rulers enjoyed legal immunity, a provision that had been abused on more than one occasion. By the early 1980s, the behaviour of the rulers was increasingly questioned in public discourse, particularly with regards to their perceived extravagance, financial misdeeds, wastage of public funds, involvement in business, and active interference in political matters. Naturally disinclined towards feudalism and fuelled by the prospect of an incoming activist Agong, Mahathir decided to pre-empt the situation by introducing the Constitution (Amendment) Bill 1983.

Among the 43 articles amended were provisions that essentially made royal assent to a bill passed by Parliament a rubber stamp procedure that could not be denied by the Agong. This applied to state laws as well. In addition, Mahathir also proposed to transfer the power to declare a state of emergency from the Agong to the hands of the prime minister. Although the amendments were passed by both Houses of Parliament, an impasse occurred when the sitting Agong, having consulted his fellow rulers, objected to the Bill.

A standoff ensued as Mahathir went in all guns blazing, rallying his party machinery in demonstrations up and down the country while the press played along to his tune, explaining the necessity for the amendments. Not to be outdone, the rulers also held counter-rallies with the support of veteran UMNO leaders.

Finally, a compromise was achieved. The right to declare emergencies remained with the Agong and the rulers retained their right to withhold assent to state laws. For federal laws passed by Parliament, the Agong could now reject a bill by sending it back to the legislature. If the said bill was passed again, then it would automatically become law after 30 days, with or without royal assent. The only exception to this was in the case of money bills, which could not be rejected in the first instance.

The next major constitutional amendment would occur in 1988 amid portentous circumstances. A year earlier, Mahathir barely survived a leadership challenge from within his party, the result of which left UMNO divided down the line. The losing faction undertook legal proceedings and in February 1988, the courts ruled UMNO to be an unlawful society due to irregularities with some of its branches. In the wake of the deregistration of UMNO and other court decisions that the government found unfavourable, Mahathir moved to curtail the judiciary.

Article 121 was a specific target of the constitutional amendments of 1988. Previously ascribing plenary authority over the judicial power of the Federation to the courts, the article was amended to bind the courts to “such jurisdiction and powers as might be conferred by or under federal law” (Article 121), thus subordinating the judiciary to the legislative. Other amendments included the removal of the general power of the High Court to conduct judicial reviews, the empowerment of the attorney-general to determine the courts for cases to be heard, and, significantly, the insertion of Article 121(1A), which not only drew a line of separation between the civil and syariah courts, also elevated the status of the syariah courts to be on par with the civil courts, thus creating a parallel legal system that has seen many complications arise, especially in cross-jurisdictional cases involving Muslims and non-Muslims.

In response to the government’s hastily introduced changes, the lord president of the Supreme Court,  Tun Salleh Abas, convened a meeting of judges which unanimously approved a letter to be sent to the Agong to convey their disappointment at the actions of the prime minister to undermine the judiciary.

However, thanks to amendments made in 1960, Mahathir was able to initiate disciplinary proceedings against the lord president, resulting in his eventual removal along with two other Supreme Court judges. This dark episode remains a blight in the history of the Malaysian judiciary, and it was not until 2008 that the government made reparations to the sacked judges. In 2017 the Federal Court (previously Supreme Court) ruled that the 1988 amendments that subordinated the judiciary to Parliament were unconstitutional, although it fell short of striking down the Act in question.

Mahathir’s second bout with royalty took place in 1993. Despite the previous standoff, a number of rulers continued to behave with impunity, regularly interfering in state politics, flouting tax laws and even indulging in criminal activity. Following a motion of censure by Parliament against the Sultan of Johor who had physically abused a hockey coach, the Constitution was amended to strip the rulers of their immunity from prosecution, although they would be subjected to a special court of their peers rather than the normal civil courts.

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The Doctor who deformed the House

In 1994 Mahathir made further amendments to the Constitution to tie up loose ends, including abolishing the power of the Agong to delay a bill by returning it to Parliament. This time, the same provision was extended for state legislatures as well, hence all but eliminating the role of the Malay royalty as a checks and balances mechanism.

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Abdullah Badawi and Najib Razak–Religion and Race Champions

At the same time, the downgrading of the judiciary was completed through symbolic changes such as the renaming of the lord president as chief justice and the Supreme Court as the Federal Court, as well as the introduction of a code of ethics for judges.

The Constitution would be amended 16 more times, with the last being in 2009. Most of the changes during this period were minor and administrative, with the exception of the creation of a third federal territory in 2001, viz. the new federal administrative capital of Putrajaya.

Whither do we go?

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Where are heading given the state of our politics today?

Unlike the US, whose 27 constitutional amendments, from the Bill of Rights to the abolition of slavery to universal adult suffrage, paint a narrative of a nation’s journey towards building a more inclusive, progressive and emancipated society, the story of the Federal Constitution of Malaysia reveals a nation that is heading the other way—towards more exclusivism, regression and repression.

Critical amendments made over 60 years have altered the fundamental nature and spirit of the original Reid Constitution of 1957 by concentrating power in the hands of the executive, dismantling various constitutional safeguards with regards to fundamental liberties and the use of emergency powers, overhauling the electoral system in order to ensure the longevity of the incumbent government, and suppressing rival centres of power, including institutions such as the Malay royalty and the judiciary.

As a result, the Constitution today no longer embodies the spirit and intentions of the founders of the country. This is perhaps an appropriate reflection of the Malaysian polity today. Although the same party that ruled at independence continues to rule, there are few who would agree that the current leadership even remotely adheres to the same ideals and principles as its pioneers.

At the very least, arbitrary changes to the Constitution are now improbable, given that the ruling regime has since 2008 lost its customary two-thirds control over Parliament, and by virtue of that, also its ability to amend the Constitution unilaterally. Yet plugging the leak is not fixing the problem.

Ultimately, fixing Malaysia requires fixing its laws. If our country is to find its place in the sun as an inclusive and progressive nation of the twenty-first century, then the political will to rewrite our laws to make for a more inclusive, open and fair society has to be found.

Zairil Khir Johari is the Member of Parliament for the federal constituency of Bukit Bendera, Penang. He is the Democratic Action Party’s Parliamentary Spokesperson for Education, Science and Technology, and a Fellow of the Penang Institute, the public policy think tank of the state government of Penang.

He is also a columnist with the Penang Monthly and the author of Finding Malaysia: Making Sense of an Eccentric Nation.

This article originally appeared in the August 2017 edition of Penang Monthly, and is republished with permission.

Malaysia through its Constitution


August 8, 2017

Malaysia through its Constitution

Much can be told about a country’s character through its laws. Correspondingly, the transformation of a country’s legal regime over time can be said to be a reflection of the socio-political evolution of its society.

Take the Constitution of the United States of America. To date, there have been 27 amendments since its promulgation in 1789. The first ten amendments are collectively known as the Bill of Rights, and spells out the aspirations and desires of a fledgling nation in the form of a solemn promise of fundamental rights in relation to religion, speech, press, assembly, the right to bear arms and protections in the criminal justice system.

 

Tunku Abdul Rahman hailed the “Merdeka” cries during the country’s Independence Proclamation Ceremony on August 31, 1957.

 

Following the end of the Civil War in 1865, amendments were made to abolish slavery and further define the rights of its citizens. As the Twentieth century got underway, the Constitution was further amended to reflect the changing times – voting rights for women, tax concerns and that peculiar period in modern American history known as Prohibition.

In 1963 the assassination of President John F. Kennedy paved the way for the 25th amendment, which establishes clear procedures for filling the post in the case of an abrupt vacancy. In 1971, following nationwide student activism in protest of the Vietnam War, the Constitution was amended for the 26th time to lower the voting age from 21 to 18.

The Malaysian Story

In similar vein, the evolution of the Federal Constitution of Malaysia since Merdeka in 1957 also provides a picture of how our nation has progressed – or regressed, depending on perspective – throughout the 60 years of its existence.

Unlike the US, the Malaysian Parliament is not shy when it comes to tinkering with the supreme law of the land. To date, there have been 57 constitutional amendment acts, which correspond to an average of almost one a year. However, it would be disingenuous to compare the two charters like for like, as the US Constitution, which comprises only seven articles, is meant to provide a “frame of government”1 that sets out the broad scope and functions of the main branches of the Federal Government, viz. the Legislative (Congress), the Judiciary and the Executive (the office of the president).

On the other hand, the Malaysian document is 12 times longer comprising 15 parts, 230 articles and 13 schedules – all of which detail very specific provisions on numerous issues including revenue from toddy shops to capitation grants from the Federal government to the states. For practical purposes, many of these provisions naturally require updating every once in a while.

That said, a number of scholars have noted that the actual number of amendments that have been made to the Federal Constitution is closer to 700, if each individual change is counted.2 Be that as it may, it is the substance more than the quantity of the amendments that really matters, and on this score constitutional expert Shad Saleem Faruqi has opined that fundamental alterations to critical areas have resulted in the dilution of the spirit of the original Merdeka Constitution.3 In addition, legal scholar HP Lee even describes the changes as amounting to “a truncation of safeguards which had been considered by the Reid Commission as vital for the growth of a viable democratic nation”.4

Malayan delegates met with British officials in London in 1956 to discuss their country’s future relationship with Britain.1960: Ending the Emergency without Losing Emergency Powers

 

The first major amendment to the Constitution took place in 1960, three years after Merdeka. In tabling the Constitution (Amendment) Bill 1960, the government moved to amend 33 articles and insert two new ones, besides amending the second schedule. While it is not unusual for a fledgling country to amend its constitution after a few years of finding its feet, some of the changes that were undertaken had serious and far-reaching consequences.

It is perhaps important to first understand the context of the times. Malaya, as the country was called then, had gained independence in 1957 in the midst of a communist insurgency that began in 1948. By 1960, the war had begun to wind down as the communist objective of seeking independence by force from the British had, by virtue of Merdeka, been rendered moot.

However, instead of capitalising on the end of the war to usher in a new era of peace and greater freedom, it was a case of the government wanting to end the Emergency without losing emergency powers. This can be clearly seen from amendments made to Part XI of the Constitution, encompassing Articles 149 to 151, which deals with legislation against subversion and action prejudicial to public order.

Article 149 provides for the creation of Acts of Parliament that would, in the face of subversive threats to the Federation,5 cause the suspension of fundamental liberties enshrined in Articles 5, 9, 10 and 13 with regards to freedom of speech, association, movement and property, and freedom from unlawful detention. This is of course an understandable provision given the tumultuous security situation of the time. However, the same article also provided a sunset clause that stipulated that all such legislation would cease to have effect after one year. In other words, laws allowing preventive detention were meant to be temporary features.

Men of the Malay Police Field Force wade through a river during a jungle patrol in the Temenggor area of northern Malaya.

 

Unfortunately, this critical safeguard was repealed in the amendment, thus paving the way for the creation of the notorious Internal Security Act 1960, which remained in force until its repeal 52 years later, only to be succeeded by similarly powerful incarnations such as the Security Offences (Special Measures) Act 2012 and the Prevention of Terrorism Act 2015.

Meanwhile, Article 150, which governs the declaration of states of emergency, used to contain in its original version a clause that would necessitate, in the event of an emergency proclamation, its tabling in both Houses of Parliament at the soonest convenience. Once convened, Parliament must approve the resolution for the emergency, failing which it would automatically expire after two months from its date of issue. In the case that Parliament is not sitting at the time, then the Yang Di- Pertuan Agong6 could issue emergency ordinances that would expire 15 days after the reconvening of Parliament.

However, the provisions were amended to remove the need for parliamentary approval. Instead, any emergency proclamation or ordinance would now continue to be in force until such time that Parliament annuls it. The corollary had been reversed – where parliamentary approval was previously required to maintain a state of emergency, it was now only required to end one. These amendments were to set the scene for many long-term emergencies and ultimately the suspension of Parliament in 1969.

While most of the other constitutional amendments made in 1960 were mainly administrative in nature, there were still a few more that carried questionable overtones. Take, for example, the amendments to Articles 122, 125 and 138, which resulted in the repeal of the Judicial and Legal Service Commission ( JLSC), hitherto responsible for making all recommendations with regards to judicial appointments.

Following that, the power to initiate disciplinary proceedings against judges was transferred from the defunct JLSC to the Agong on the advice of the prime minister, thus severely curtailing the independence of the judiciary. Repercussions from this move did not become apparent until 28 years later (1988) when the provisions facilitated the sacking of the Lord President (now known as Chief Justice)Tun Salleh Abbas and two other judges of the Supreme Court, precipitating a judicial crisis from which the nation has never fully recovered.7

In addition to the Judiciary, an amendment to Article 145 also had the effect of changing the position of the attorney-general from a tenured one, much like a Supreme Court judge, to one that is held at the pleasure of the Agong. The intentions here were probably less sinister as it made the position a political appointment, which meant that the attorney-general could be a member of the government and therefore directly answerable to Parliament, as was the case from the 1960s to the early 1980s when the post was typically filled by members of parliament. However, it also meant that they could be unceremoniously sacked at any time, as Tan Sri Abdul Gani Patail was to discover in 2016 after running afoul of the Prime Minister Najib Razak.

1962: Consolidation of Power

The second major amendment to the Constitution took place just two years after the first. In 1962 a bill was moved to amend 29 articles, adding three more articles while repealing three others. Changes were also made to a number of schedules, including the introduction of the 13th schedule, which governs electoral rules.

By and large, the 1962 amendments saw the tightening up of laws and other minor administrative matters involving executive authority, legislative powers and financial matters including the assignment of revenue from minerals to states. Nonetheless, major changes were also made, particularly to Parts III and VIII concerning rules of citizenship and the electoral system respectively, both tied to the long-term survivability of the ruling Alliance government.

Citizenship had been one of the most contentious political issues leading to independence, and continued to dominate public discourse in the years following. The Reid Commission, drafters of the Constitution, had liberalised citizenship requirements so that many ethnically non-Malay residents could become citizens and, accordingly, gain electoral franchise.

The consequences of the more liberal citizenship policy would not be seen until 1959 when the first General Election of independent Malaya was held. The Alliance government saw its control over 99% of seats in the Federal Legislative Council reduced to only 71% in the newly constituted Parliament of Malaya. Besides losing control over Kelantan and Terengganu, two states in the Malay heartland, much of the Alliance’s losses were also due to low levels of support from the newly qualified non-Malay voters in urban areas.

Thus, faced with diminished influence, the Alliance moved to appease Malay voters through a massive rural development programme while they sought to contain the non-Malays by two means: firstly, citizenship was made more difficult to acquire, easier to lose and greater discretionary power in citizenship matters was placed in the hands of the executive.8 Secondly – and more effectively – fundamental changes were made to the electoral system in order to mitigate the potential threat of non-Malay electoral strength.9

However, tinkering with election rules was not an easy task, thanks to the Reid Commission’s foresight in embedding provisions to ensure that the Election Commission (EC) was not only independent but also accorded total authority over the delineation of constituencies without the need for parliamentary oversight. This meant that political parties, even if they were in power at federal or state level, would have little influence over the review and delimitation of constituencies.

In 1960 an electoral re-delimitation exercise was conducted by the EC in strict conformity with the letter of the Constitution. As constituencies became more fairly apportioned and voter disparity was reduced to a maximum deviation of 15% of the average constituency size within a state, it became apparent that urban non-Malay voters would gain an increased share of electoral influence at the expense of the Alliance’s traditional rural Malay vote base, which would lose its rural weightage advantage.

Alarmed by the outcome of the redelimitation exercise, the Alliance government passed a raft of changes to the Constitution in 1962 that effectively annulled the revised constituencies, added new rules for constituency delineation, increased the 15% deviation limit to 33%, and even more significantly, stripped the EC of its independence and role as final arbiter of constituency changes. As a result, the EC is now mandated only to conduct re-delimitation reviews before presenting its recommendations to the prime minister, who in turn will then table them “with or without modifications” to Parliament for approval by simple majority.

In the grand scheme of things, the constitutional amendments made in 1962, particularly with regards to election rules that provided Parliament with even greater control over the creation and boundaries of constituencies, can be seen to have been the greatest contributor to the longevity of the ruling regime’s hold on power, unbroken to this day.

1963-1969: A Nation in Transition

Just a year after the 1962 amendments, the Constitution underwent another major overhaul. The Malaysia Act 1963 was introduced to accommodate structural changes to the country with the addition of Sabah, Sarawak and Singapore into the expanded and renamed Federation of Malaysia.

KL in the 1960s.

 

As can be expected, minor changes had to be made to more than a hundred articles in order to include the new states. For the most part, the amendments were procedural in nature with a few exceptions such as the reinstatement of a watered-down version of the JLSC.10 In 1964 and 1965 the Constitution was amended twice for minor administrative matters involving the legislative, executive and judiciary, as well as further tidying up of laws following the expansion of the Federation.

Unfortunately, the new union was not to last. In protest of what Indonesian president Sukarno labelled the “neo-imperialist” creation of Malaysia,11 Indonesia declared a “confrontation” against the Federation, proceeding to wage violent conflict for the next three years.12 Besides military skirmishes in Borneo, a spate of bombings were also carried out in Singapore, the most famous of which was the bombing of Macdonald House on March 10, 1965, which killed three people and injured 33 others.

Adding to the pressure were racial tensions stirred up by various parties including Indonesian saboteurs, nationalist Malays as well as pro-communist leftist elements. During Singapore’s two-year period in Malaysia, numerous racial riots occurred, including the notorious July 21, 1964 riot that broke out during a procession to celebrate the Prophet Muhammad’s birthday, resulting in the deaths of 22 people. Further smaller scale riots took place later in the year, contributing to an immensely tense environment. These events had also taken place against the backdrop of a racially charged 1964 General Election, which served to strain the relationship between the Alliance and the People’s Action Party, which ruled Singapore.

With disagreements coming to a head over social, political and even economic and financial issues, the relationship became untenable. On August 9, 1965, Malaysian Prime Minister Tunku Abdul Rahman; Putra moved to enact the Constitution and Malaysia (Singapore Amendment) Act 1965 in order to legally separate Singapore from the Federation. With the removal of Singapore, the Constitution had to be amended again. This was conducted in 1966, affecting 45 articles and four schedules.

1966 saw further constitutional issues as it was Sarawak’s turn to face a crisis. In June 1966, following dissatisfaction over a native land reform law advocated by Sarawak Chief Minister Stephen Kalong Ningkan, 21 out of 42 members of the state legislature petitioned the Governor of Sarawak to remove Ningkan. With the backing of the Prime Minister, the Governor demanded Ningkan’s resignation, but the latter refused as he insisted that due process had not been followed as there had not been a motion of no confidence in the legislature.

Ningkan was sacked anyway, leading him to file a suit at the High Court, which ruled in September that the governor did not have the power to dismiss a Chief Minister. Ningkan was then reinstated but before he could dissolve the legislature to seek a fresh mandate, the Federal government moved the Emergency (Federal Constitution and Constitution of Sarawak) Bill 1966 in order to declare a state of emergency in Sarawak, thus suspending elections in the state. Further to that, the state constitution of Sarawak was also amended by Parliament to authorise the Governor to convene the state legislature without going through the Chief Minister, leading to Ningkan’s ultimate dismissal.

The high-handed removal of the Sarawak Chief Minister in 1966 marked the first time that a power grab was facilitated by the Federal Government, though it would not be the last. In 1977 a coup by members of the Pan-Malaysian Islamic Party (PAS) against the Kelantan Chief Minister was foiled when an emergency was declared by the federal government, thus keeping the incumbent chief minister in place until elections were held the following year. In the event, Barisan Nasional (the renamed Alliance coalition) managed to gain power for the first time in the state.

More recently in 2009, the Perak Chief Minister from PAS, leading the Pakatan Rakyat (PR) coalition government, was removed by the Sultan of the state following defections of PR assemblymen who declared support for BN. Following an audience between the Prime Minister and the Sultan, the latter refused the Chief Minister’s request for dissolution of the state legislature, and instead appointed a new Chief Minister from BN. Although a successful challenge was made at the High Court, the verdict was later overturned by the Court of Appeal and Federal Court, which held that  the takeover was legal.

1969-1973: Aftermath of a Tragedy

Topping off what is probably the most eventful decade in Malaysian history is the infamous May 13, 1969 racial riots. Tensions had mounted in the years leading up to the 1969 general election, resulting in outbreaks of sectarian violence. In November 1967 a hartal organised by Maoist sympathisers in Penang turned bloody, although it was contained from spreading beyond the state. In June 1968 protests against death sentences meted out to 11 Chinese members of the Malayan Communist Party took a racial slant until their sentences were commuted.

Eventually, the official General Election campaign period, from nomination day on April 5 to polling day on May 10, saw sentiments coming to a boil as racial and religious politics were played up to the hilt. A fortnight before polling day, a Malay political worker was killed in Penang. But while this incident managed to be quelled, another incident in Selangor occurred 10 days later, in which a young Chinese man was shot, reportedly in self-defence, by Police officers.

Sensing political opportunity, leaders of the Labour Party, which had by then fallen under the control of far-left elements and had also boycotted the general election, somehow ended up hijacking the organisation of the funeral procession. Held just a day before polling, the procession turned out to be one of the largest ever seen in KL, and was by most accounts less a funeral than a mass political demonstration complete with banners carrying revolutionary Maoist slogans and the depiction of the deceased as a political martyr.

A day later, Malaysia went to the polls. By May 11, it became obvious that the Alliance would retain power with a drastically reduced majority. Not only did the coalition fail to attain 50% of the popular vote share, they also lost their two-thirds majority in Parliament for the first time. On top of that, they also lost their majorities in the Penang, Kelantan, Perak and Selangor state assemblies, the latter two ending up in a hung situation with no party having an absolute majority.

The bombing of Macdonald House on March 10, 1965. Pic.1

 

Elated by the unprecedented results, opposition parties in the capital celebrated their success by holding large processions. Naturally, sentiments were highly racialised and provocative. In response, the Malay daily Utusan Melayu’s editorial suggested that Malay political power was under threat, prompting members of UMNO Youth13 to respond by organising a victory parade in the capital.

What followed on May 13 will forever be etched in history as Malaysia’s day of disgrace, described by Tunku as a “social and political eruption of the first magnitude”,14 a dark moment when Malaysia was betrayed by Malaysians. Blood flowed through the streets of KL as hundreds were killed in sectarian rioting.

A state of emergency was soon declared and on May 16, Parliament was suspended – a sequence of events that would not have been possible were it not for the constitutional amendments of 1960. In the absence of parliamentary rule, a National Operations Council (NOC) was established to play the role of a caretaker government under the directorship of Deputy Prime Minister Abdul Razak Hussein. State and district operations councils were formed to govern the country at the different levels.

The level of premeditation and actual motivations behind the decisions and events precipitating the riots will forever be the subject of conspiracy theories. But what cannot be denied is the fact that the May 13 incident marked the end of the first epoch of Malaysian history, and the beginning of a new era under Razak, who ruled as head of the NOC and eventually as prime minister upon the retirement of Tunku on September 22, 1970.

The bombing of Macdonald House on March 10, 1965. Pic 2

 

From the ashes of the bloody riots, a new social compact was forged in the form of the New Economic Policy (NEP)15 which laid the ground for an assertion of Malay nationalism in various sectors including education and the economy through social re-engineering and affirmative action programmes. The national political landscape was also transformed with the creation of the BN grand coalition in 1973, which absorbed opposition parties including PAS, Parti Gerakan Rakyat Malaysia (Gerakan) and the People’s Progressive Party (PPP) in West Malaysia. This had the effect of restoring the two-thirds majority in Parliament and consolidating control over every state government in the country.

Armed with total control, Razak moved to enshrine the new social compromises through the controversial Constitution (Amendment) Act 1971. Dubbed the “sensitive matters amendment”,16 seven articles were changed including those governing freedom of speech, assembly and association, parliamentary privileges, the national language, and the expansion of the scope of Article 153 that deals with the protection of the “special position” of the Malays.

As a result of the amendments, fundamental liberties were proscribed so that “sensitive matters” – defined to include issues such as citizenship, language, the special position of the Malays and the natives of Borneo, and the rulers’ sovereignty – could not be discussed openly, even in Parliament. The Sedition Act, previously inapplicable within the confines of the august House and state legislatures, now applies throughout.

These amendments were further augmented by other proscriptive legislation, such as the University and University College Act 1971, which forbade university students from participating in political activities, and the Official Secrets Act 1972, which cast a wide net for deeming what is confidential and hence unlawful to disseminate.

Further to that, Article 159 was altered so that the consent of the Conference of Rulers’, previously required only for amendments to provisions affecting the special position of the Malays and the Rulers themselves, was now also required for those affecting the national language, parliamentary privilege and certain fundamental liberties. Meanwhile, Article 153 was modified to allow the creation of quotas for Malays and natives in institutions of higher education, in addition to existing quotas for public service, education and commercial permits and licenses.

In 1973 another major constitutional amendment bill was moved that carried major electoral impact. Constitutional limits to rural weightage, which had been loosened in 1962 when the maximum deviation was increased from 15% to 33%, were abolished altogether. In the absence of the safeguards that were put in place by the Reid Commission, seats could now be created that are up to four or five times the size of other seats within the same state, as is the case today.17

In addition, the power of the EC to apportion constituencies was abrogated and instead specified in the constitution, hence amendable only by a two-thirds majority vote in Parliament. With deviation limits removed, the government of the day had practically awarded themselves carte blanche powers to delineate and apportion constituencies in any manner that was convenient to them.

Finally, the amendments also saw the carving out of KL as a federal territory, thereby removing it from the state of Selangor. As the majority Chinese population of KL was seen to have played a key part in the defeat of the Alliance in Selangor in 1969, excising the city also meant ridding the state of most of its opposition-leaning voters.18 Not only did it secure Selangor for BN, it also essentially robbed the voters of KL of their right to representation at the local level, as the federal territory has no elected legislature.

1973-1994: The Mahathir Era

Between 1973 and 1985, the Constitution was amended 11 more times, including numerous modifications to the capitation grants to the states, the creation of the federal territory of Labuan, further tightening up of election laws which gave the government even more discretionary powers, and the introduction of the ringgit as the national currency.

Of particular note were amendments made in 1983 and 1984 with regards to the legislative role of the rulers. In 1981 Mahathir Mohamad took over the job that he would go on to hold for the next 22 years. Never shy to challenge the orthodoxy, having been responsible for an infamous open letter to then-Prime Minister Tunku Abdul Rahman Putra in 1969 that blamed the latter for the May 13 riots, Mahathir began the first of numerous confrontations with the Malay Royalty in 1983.

Prior to this, the Rulers enjoyed legal immunity, a provision that had been abused on more than one occasion.19 By the early 1980s, the behaviour of the rulers was increasingly questioned in public discourse, particularly with regards to their perceived extravagance, financial misdeeds, wastage of public funds, involvement in business and active interference in political matters.20 Naturally disinclined towards feudalism and fueled by the prospect of an incoming activist Agong, Mahathir decided to pre-empt the situation by introducing the Constitution (Amendment) Bill 1983.21

Among the 43 articles amended were provisions that essentially made royal assent to a bill passed by Parliament a rubber-stamp procedure that could not be denied by the Agong. This applied to state laws as well. In addition, Mahathir also proposed to transfer the power to declare a state of emergency from the Agong to the hands of the prime minister. Although the amendments were passed by both Houses of Parliament, an impasse occurred when the sitting Agong, having consulted his fellow rulers, objected to the Bill.

A stand-off ensued as Mahathir went all guns blazing, rallying his party machinery in demonstrations up and down the country while the press played along to his tune, explaining the necessity for the amendments. Not to be outdone, the rulers also held counter-rallies with the support of veteran UMNO leaders.

Finally, a compromise was achieved. The right to declare emergencies remained with the Agong and the rulers retained their right to withhold assent to state laws. For federal laws passed by Parliament, the Agong could now reject a bill by sending it back to the legislature. If the said bill was passed again, then it would automatically become law after 30 days, with or without royal assent. The only exception to this was in the case of money bills, which could not be rejected in the first instance.22

Mahathir Mohamad.

 

The next major constitutional amendment would occur in 1988 amid portentous circumstances. A year earlier, Mahathir barely survived a leadership challenge from within his party, the result of which left Umno divided down the line. The losing faction undertook legal proceedings and in February 1988, the courts ruled Umno to be an unlawful society due to irregularities with some of its branches. In the wake of the deregistration of UMNO and other court decisions that the government found unfavourable, Mahathir moved to curtail the judiciary.

Article 121 was a specific target of the constitutional amendments of 1988. Previously ascribing plenary authority over the judicial power of the Federation to the courts, the article was amended to bind the courts to “such jurisdiction and powers as might be conferred by or under federal law”,23 thus subordinating the judiciary to the legislative. Other amendments included the removal of the general power of the High Court to conduct judicial reviews,the empowerment of the attorney-general to determine the courts for cases to be heard, and, significantly, the insertion of Article 121(1A), which not only drew a line of separation between the civil and syariah courts, also elevated the status of the syariah courts to be on par with the civil courts, thus creating a parallel legal system that has seen many complications arise, especially in cross-jurisdictional cases involving Muslims and non-Muslims.

In response to the government’s hastily introduced changes, the Lord President of the Supreme Court, Salleh Abas convened a meeting of judges which unanimously approved a letter to be sent to the Agong to convey their disappointment at the actions of the prime minister to undermine the judiciary.

However, thanks to amendments made in 1960, Mahathir was able to initiate disciplinary proceedings against the Lord President, resulting in his eventual removal along with two other Supreme Court judges. This dark episode remains a blight in the history of the Malaysian Judiciary, and it was not until 2008 that the government made reparations to the sacked judges. In 2017 the Federal Court (previously Supreme Court) ruled that the 1988 amendments that subordinated the judiciary to Parliament were unconstitutional, although it fell short of striking down the Act in question.24

Mahathir’s second bout with Royalty took place in 1993. Despite the previous standoff, a number of rulers continued to behave with impunity, regularly interfering in state politics, flouting tax laws and even indulging in criminal activity. Following a motion of censure by Parliament against the Sultan of Johor who had physically abused a hockey coach, the Constitution was amended to strip the Rulers of their immunity from prosecution, although they would be subjected to a special court of their peers rather than the normal civil courts.

Malaysia Day celebrations.

 

In 1994 Mahathir made further amendments to the Constitution to tie up loose ends, including abolishing the power of the Agong to delay a bill by returning it to Parliament. This time, the same provision was extended for state legislatures as well, hence all but eliminating the role of the Malay royalty as a checks and balances mechanism.

At the same time, the downgrading of the Judiciary was completed through symbolic changes such as the renaming of the Lord President as Chief Justice and the Supreme Court as the Federal Court, as well as the introduction of a code of ethics for judges.

The Constitution would be amended 16 more times, with the last being in 2009. Most of the changes during this period were minor and administrative in nature, with the exception of the creation of a third federal territory in 2001, viz. the new federal administrative capital of Putrajaya.

Whither Do We Go?

Unlike the US, whose 27 constitutional amendments, from the Bill of Rights to the abolition of slavery to universal adult suffrage, paint a narrative of a nation’s journey towards building a more inclusive, progressive and emancipated society, the story of the Federal Constitution of Malaysia reveals a nation that is heading the other way – towards more exclusivism, regression and repression.

Critical amendments made over 60 years have altered the fundamental nature and spirit of the original Reid Constitution of 1957 by concentrating power in the hands of the executive, dismantling various constitutional safeguards with regards to fundamental liberties and the use of emergency powers, overhauling the electoral system in order to ensure the longevity of the incumbent government, and suppressing rival centres of power, including institutions such as the Malay royalty and the judiciary.

As a result, the Constitution today no longer embodies the spirit and intentions of the founders of the country. This is perhaps an appropriate reflection of the Malaysian polity today. Although the same party that ruled at independence continues to rule, there are few who would agree that the current leadership even remotely adheres to the same ideals and principles as its pioneers.

Ultimately, fixing Malaysia requires fixing its laws. If our country is to find its place in the sun as an inclusive and progressive nation of the twenty-first century, then the political will to rewrite our laws to make for a more inclusive, open and fair society has to be found.

1 In its draft form, the US Constitution was given the working title, ‘A frame of Government’.

2 Cindy Tham, “Major Changes to the Constitution,” The Malaysian Bar, 17 July 2007, http://www.malaysianbar.org.my/echoes_of_the_past/major_changes_to_the_constitution.html.

3 The Sun Daily,“The All-Powerful Executive,” The Sun Daily, 1 October 2005, http://www.thesundaily.my/node/176393.

4 Cindy Tham, ibid.

5 These ‘threats’ were originally confined to conditions of organised violence, but were in the same amendment expanded to include attempts to incite communal hostility and acts ‘prejudicial to the security of the Federation’.

6 The Yang di-Pertuan Agong, usually shortened to Agong, is the paramount ruler and head of state of Malaysia. The position is elected by rotation from among nine hereditary Malay rulers every five years.

7 The Malay Mail Online, “Ex-Judge: Judiciary Never Fully Recovered from 1988 Crisis,” The Malay Mail Online, 20 September 2015, http://www.themalaymailonline.com/malaysia/article/ex-judge-judiciarynever- fully-recovered-from-1988-crisis.

8 LA Sheridan and Harry E Groves quoted in Lim Hong Hai, “Electoral Politics in Malaysia: ‘Managing’ Elections in a Plural Society” in Aurel Croissant (ed.), Electoral Politics in Southeast & East Asia (Singapore: Friedrich-Ebert-Stiftung, 2002), p. 108.

9 Lim Hong Hai, ibid., p. 107.

10 In 1963, the Judicial and Legal Service Commission (JLSC) was reinstated albeit in a watered down form. No longer chaired by the Lord President, the reincarnated JLSC’s remit also does not extend beyond the subordinate courts.

11 Marshall Clark and Juliet Pietsch, Indonesia- Malaysia Relations: Cultural Heritage, Politics and Labour Migration, (Abingdon: Routledge, 2014),p. 25.

12 The confrontation with Indonesia also provided the pretext for the Alliance federal government to suspend local government elections in 1965. The third vote has since been abolished.

13 Umno Youth is the youth wing of the United Malays National Organisation (Umno), the leading component party of the Barisan Nasional and the Alliance before it.

14 Tunku Abdul Rahman Putra, May 13: Before and After (Kuala Lumpur: Utusan Melayu Press), p. 7.

15 Formulated by the NOC, the NEP was conceived to achieve the two-pronged objectives of eradicating poverty as well as reducing and subsequently eliminating the identification of race by economic function and geographical location.

16 The Sun Daily, ibid.

17 See, for example, Wong Chin Huat, Yeong Pey Jung, Nidhal Mujahid and Ooi Kok Hin, “The Effects of the 2016 Delimitation Exercise on the State of Penang”, 13 October 2016, http:// penanginstitute.org/v3/files/malapportionment/ Penang-Report_20161013_Final.pdf, Susan Loone, “Penang study shows ‘hard evidence’ on EC’s malapportionment of seats,” Malaysiakini, 18 January 2017, http://www. malaysiakini.com/news/369671 and Free Malaysia Today, “Pua Claims EC Conducting Single-Biggest Gerrymandering Exercise,” Free Malaysia Today, 15 September 2016, http://www.freemalaysiatoday.com/category/ nation/2016/09/15/pua-claims-ec-conductingsingle- biggest-gerrymandering-exercise/.

18 Lim Hong Hai, ibid., pp. 111–112.

19 Barry Wain, Malaysian Maverick: Mahathir Mohamad in Turbulent Times (London: Palgrave Macmillan, 2012), p. 175.

20 Barry Wain, ibid., pp. 179–180.

21 Barry Wain, ibid., pp. 181.

22 Barry Wain, ibid., pp. 185.

23 See Article 121 of the Federal Constitution of Malaysia.

24 Free Malaysia Today, “MP: Parliament Must Now Restore Judicial Power to the Judiciary,” Free Malaysia Today, 4 May 2017, http:// http://www.freemalaysiatoday.com/category/ nation/2017/05/04/mp-parliament-must-nowrestore- judicial-power-to-the-judiciary/.

Zairil Khir Johari is MP for Bukit Bendera, Penang.

 

Malaysia is a Land of Broken Dreams–Thank You, UMNO for Malusia


August 1, 2017

After 60 years, Malaysia is a Land of Broken Dreams–Thank You, UMNO for Malusia

by Azly Rahman@www.malaysiakini.com

The nation must be made to be Malaysian once and for all. Malaysia is one country and cannot be considered in part. There can be no such thing as first and second class citizens anymore. This Malaysian brand of apartheid is morally reprehensible and must be abolished once and for all.–Azly Rahman

Image result for Malaysia after 60 year

A Forlorn Clock Tower in Kuala Lumpur– A Witness to Malaysia’s Decline

On August 31, 2017, our nation will be celebrating sixty years of Merdeka, or an experiment in being a sovereign state.

As another ritual approaches, and as we think of the hopes, dreams, and legacy of the best Prime Minister we had, Tunku Abdul Rahman, I thought of these ideas of the requirements of a new spirit and structure of citizenship.

The nation must be made to be Malaysian once and for all. Malaysia is one country and cannot be considered in part. There can be no such thing as first and second class citizens anymore. This Malaysian brand of apartheid is morally reprehensible and must be abolished once and for all.

Image result for tunku abdul rahman

Essentially, below are considerations for a grand plan or the big picture of change that need to respectively be created and painted in order for Malaysia to offer a pathway to the realization of the “Malaysian Dream,” preceded by key premises.

We cannot escape from the idea that there ought to be winners and losers, whether it is in the way we give grades to students, design economic policies, organise the political system or, ironically, even in the way we understand religion and God and how these relate to what Mohandas Gandhi would call the harijan (children of God).

The continuing issues of succession plaguing the leadership of the major components of all the ruling parties, for example, reflects a virtueless leadership. It even reflects the system of dictatorship and authoritarianism that we have allowed to take root in all parties.

Image result for Najib Razak

Malaysia’s  Virtue less Leader

We are seeing the development of another dangerous excess of authoritarianism – the development of political dynasties. We continue to see this culture in the Malay and Chinese political parties as well.

If all that energy is used to design a better system of participatory democracy and philanthropy, and to reach out to other ethnic groups to collaborate in solving the issue of poverty, we, as Malaysians, will become a miracle nation. Poverty is not the problem of various races – it is the problem of Humanity.

How can the rich be saved if the poor are multiplying in large numbers? We will have a society that will need more sophisticated surveillance system in order to reduce robbery, kidnapping, etc.

The poor look at the rich and ask themselves: “Am I poor because I am lazy? Or is he rich because he works a hundred times better? Or is it the system we build that will continue to make the rich richer and the poor poorer?”

What resources do the rich have vis-à-vis the poor to compete in a world that is increasingly technological, technicist, and informational? We have created a system of ethnically-based structural violence. It is a complex problem but one can certainly make sense of it all.

We need to bring back “virtue” to the forefront of our political philosophies and into our economic paradigm, and use it to design a virtuous foundation of our economic system. From a virtuous foundation, we will then see a healthier characterisation of how we design and re-organise our lives as economic beings.

Education, and education alone, though slow and tedious as a process of transformation, will be the most powerful tool of cognitive restructuring and the teaching of virtue.

Education for peace, social justice, co-operation, tolerance and spiritual advancement will be the best foundation for this mode of operation.

How do we even begin creating a republic of virtue if we do not yet have the tools of analysing what a corrupt society is and how corrupt leaders are a product of the economic system created to reproduce more sophisticated forms of corruption?

We must engineer a revolution of our very own consciousness. From the revolution in our minds, we move on to the revolution of our consciousness, and next to our collective consciousness. Gradually, as we realise that a better collective consciousness can be created, we will be aware of the oppositional forces that are disabling real human progress.

We must now become makers of our own history and help others do the same. We must first learn to deconstruct ourselves and draw out the virtue within us, even if the process can be terrifying. We must then each create a manifesto of our own selves and de-evolve from then, until we tear down the structures within and outside of ourselves and reconstruct the foundations of a new order based on our own notion and design of a new republic.

Is there hope today? After sixty years?

Afraid of May 13?


May 21, 2017

Afraid of May 13?

by S. Thayaparan@www.malaysiakini.com

“When our government is spoken of as some menacing, threatening foreign entity, it ignores the fact that, in our democracy, government is us.”

– Barack Obama

Image result for May 13, 1969

They say we are afraid of what we do not understand and if this is true, we should be afraid of May 13 because we do not really understand what happened that day. Each side has a narrative, the official narrative and narratives such as author Kua Kia Soong’s which I happen to subscribe to.

They also say that ignorance breeds fear, which again points to why we should be afraid of May 13 because many people are ignorant of what happened on that day and are fed a steady diet of fearing the other, of losing power but most importantly, of their religion in danger of becoming irrelevant.

I have often referenced May 13 not because I wanted to be provocative but because especially in the alternative media, the issue of May 13 is not provocative enough. In ‘Ghost of elections past’, I wrote – “So the reality is that all these ‘ghost’ from our past don’t really scare us any more, not because we have not learnt from them but because there are more than enough monsters in our present to give us pause.

“If we discount the bravado of those who would make light of these threats of violence and those who would propagate such threats, what we are left with is the certainty that the only option we have is to vote with our conscience and let the chips fall where they may.”

However, because threats of racial violence have been normalised in this country, because people in power have Janus-faced agendas towards Malaysians of different ethnic origins, what we have become is numb to threats of racial violence. We are also cavalier to the very real threats of Islamic violence that lurk around the corner, hatched in the hearts of zealots raised on a diet of religious and racial supremacy and stamped with the imprimatur of foreign devils.

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What really is terrifying of May 13 is the way how the state uses it to demonise Malaysians based on ethnicity. The people making the threats, the aggressors become the victims and heroes of their own narratives, and Malaysians who do not subscribe to orthodoxy become the villains and scapegoats for all that the system has wrought.

A really interesting complex example of this can be found in Lim Kit Siang’s blog post – “Ex-top cop Yuen Yuet Leng confirmed that the May 13, 1969 ‘urination’ incident at the Selangor MB’s residence was totally fictional as he never heard of it although he was based in KL during the riots.”

Readers are encouraged to read it because Lim references an email by former top cop, the late Yuen Yuet Leng (to The Sun daily) in a discussion about a very specific lie against the DAP leader. I’ll quote the opening because I think it summarises what most people forget about that day –

“While I appreciate your article in general summarised well what I wanted to be known to the nation on what were greater truths, I have to make clarifications. Information I imparted are in deliberate interest of objective nation and so that nation gets the right tutoring message and feel strongly why May 13 incidents should not ever be allowed to happen again either because of too much insensitivities or too much sensitivities on any side.

“The major redeeming factor in 1969 was the courage of non-racial Malaysians who were still there to put to shame the worse of their respective communities who rampaged, hurt or killed. This best of Malaysians dared to risk their lives in saving or sheltering fellow Malaysians of another ethnic community.”

Official narratives

Readers may not really be interested but one of the reasons I began writing about the state of our nation was because of a public disagreement I had with Yuen about the Bersih 2 rally. In a response to his piece, I wrote by first establishing my credentials – “… having worked with his predecessor, the late Tan Sri ‘Jimmy’ Khoo Chong Kong, who was assassinated by communists in Ipoh. I worked with Khoo in Kuching where I was the resident naval officer and a member of the State Executive Security Committee.”

Readers interested in such subjects should track down my piece, ‘Abandon immature rhetoric of our past’. Here is the ending which I think sums up the piece – “Lastly, I end with this rather telling quote from Tan Sri. ‘The timing is such that there appears to be a united front against the government, and this frightens them.’

“Firstly, there seems to be a united front against the Barisan Nasional. I think this difference is very important. For far too long, this refrain of being ‘anti-government’ has been labelled against the ‘opposition’. The opposition is not anti-government. It may be anti-BN, but this is par for the course in any mature democracy, and I think we are indeed a maturing democracy and that we should abandon the immature rhetoric of our past.”

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The consequences of May 13 have had far reaching implications. I have argued that it heralded the birth of the Malay middle class and the social engineering that came after it changed the racial landscape of this country.

It also meant that the opposition had to fight all its political battles with one hand (sometimes even two) tied behind its back. Actually, if you have seen the brilliant David Mamet film ‘Redbelt’, the idea of fighting with one hand tied behind your back has deeper intellectual and moral implications but again I digress.

The only reason why there has been a slow change in this lopsided way of fighting is because the hegemon is failing, mired in infighting and stumbling because of the corrosive effects of unchecked corruption. The alternative media and the anonymity of the internet mean that the market place of ideas has destabilised the official narratives of the state.

I think most young people today are not, and should not, be afraid of May 13. What they should be concerned about is the threat of religious extremism that is invading our public and private spaces. Combatting this is difficult because race and religion are not mutually exclusive in this country.

I would argue that the official narratives of the state about May 13 is the earliest example of “fake news” but no matter, apparently we are living in a “post-truth” world and ultimately people will be afraid of what they do not understand or because of their ignorance.


The NEP:”A Magical Touch” or Systemic State-Sponsored Discrimination?


February 9, 2017

COMMENT: The objectives of the Tun Abdul Razak’s  New Economic Policy (1970)  were (1) to eradicate poverty regardless of race and (2) to create a Malay Commercial and Industrial Community to eliminate the identification of race with economic function. It was intended to deal the root causes of  the May 13 1969 riots that shook Malaysia and promote national unity.

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It was Tun Dr. Ismail Abdul Rahman, Tun Razak’s Deputy, who likened it to a golf handicap system to enable the Malays to compete against the more economically successful Malaysian other. It was  to  “serve as a temporary affirmative action policy with a 20 year lifespan but which now appears to have been extended ad infinitum.”(Lim Teck Ghee).

Tun Dr. Mahathir Mohamad used it to create a UMNO crony capitalism and make the Malays beholden to the UMNO state for handouts. In the name of “democratization of education” our fourth Prime Minister also lowered university entrance requirements to enable Malays to attend our public universities, the consequences of which are quite well-known to all of us.

If the Malays are to compete in a globalized world, they must learn to be self-reliant and resilient in the face of adversity. Like my friend Teck Ghee, I feel that empowerment of the Malays, not dependence on UMNO handouts, is the way forward  in the pursuit of national unity.–Din Merican

The  NEP –“A Magical Touch” or  Systemic State-Sponsored Discrimination against The Malaysian Other?

by Lim Teck Ghee

Surely our well informed Royalty must also be aware of the collateral damage that pro-Malay bumiputra policies have had on governance, economy, social cohesion and race and religious relations. Surely Sultan Nazrin, with degrees from Oxford and Harvard, must be aware of the vast literature available, in English and the national language, of the downside of maintaining the NEP past its original shelf-life of 1990.–Dr. Lim Teck Ghee

Recently the Sultan of Perak, Sultan Dr.Nazrin Shah, officiating at a religious discourse described the NEP (New Economic Policy) as a “magical touch”. The word “magic” is associated with the the power of influencing the course of events by using mysterious or supernatural forces. It is a word whose synonyms include “sorcery, witchcraft, wizardry, necromancy, enchantment,the supernatural, occultism, the occult, black magic,the black arts, shamanism” and the like.

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Malaysia’s Oxford and Harvard Educated Sultan

The “magical touch” of the NEP which gave more opportunities for the Malays to participate in mainstream development and encouraged the growth of youths especially from the rural areas to have a strong foundation of race and religion. of course, did not come from the waving of any supernatural or magical wand, although some of the superstitious in the audience may believe it.

It was a human and politically-crafted public policy in the aftermath of the racial violence in May 1969 and it was intended to serve as a temporary affirmative action policy with a 20 year lifespan but which now appears to have been extended ad infinitum.

The assertion that the the NEP benefited Malay individuals and families and also injected a new confidence and pride into the Malays is also well-known and is incontestable. No one can deny that the younger generation Malays, especially women, “filled Malay secondary classes in bigger numbers, held high positions in their careers, especially in the public sector, enjoyed influence and underwent a cultural transformation, including in the workplace and home” as a direct outcome of the NEP.

But there were other ripple effects from the application of the “magic” touch which the Sultan did not bring to the attention of his audience. These effects – principally relating to the non-Malay community but also now impacting on the Malays – are also important and necessary to bring to the attention of those who continue to advocate it as the panacea for the ills and shortcomings of the Malay community.

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Such a critical, empirically-grounded ]and non-romantic analysis is especially necessary to emphasise in religious and Malay-centric fora that are held ostensibly to instill “Islamic values” of justice, moderation, equality, and the other ethics deemed as central to the practice of the religion; or during events intended to uplift Malay pride and self-esteem.

Who Lost Out With The NEP

That magic wand waved to secure the employment of Malays in the public sector and their accelerated promotion and advancement in it, as well as in other sectors, has required the suppression and holding back of other citizens in their employment, career and even life prospects, however deserving or qualified they may have been, simply on account of their minority ethnic identity. Enough has been written about this for so long that even the most out-of-touch or uneducated in the country is fully aware of it.

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UMNO-BN Election Gimmick?

The loss has not only been to the many hundreds of thousands of non-Malays who have had to make personal sacrifice or have been denied fair treatment as a result of a policy pushed down their throats to ensure ‘national unity’ and so that Malay politicians (and Royalty) can have what these dominant groups consider to be a fair share of the nation’s wealth.

The loss is also that of the nation as a whole.

Surely our well informed Royalty must also be aware of the collateral damage that pro-Malay bumiputra policies have had on governance, economy, social cohesion and race and religious relations. Surely Dr, Sultan Nazrin, with degrees from Oxford and Harvard, must be aware of the vast literature available, in English and the national language, of the downside of maintaining the NEP past its original shelf-life of 1990.

Sultan Dr.Nazrin who is also the Financial Ambassador of the Malaysian International Islamic Financial Centre (MIFC) also said that Malaysia is always described as a modern Islamic nation which is developed, progressive, peaceful and moderate. According to him, “Islamic leadership in Malaysia is highly respected. The wisdom of the Malay leaders in implementing programmes for the development of the people and the country has been acknowledged throughout the world.”

OECD’s Damning Analysis

As Financial Ambassador, he would do well to read the recent Organisation for Economic Cooperation and Development (OECD) Review of Innovation Policy report which categorially states that the NEP is among the causes of Putrajaya’s limited success in upgrading the economy through science, technology and innovation policies since the mid-1980s. The recently released Malaysia report noted that “[s]ocial equity rules associated with the New Economic Policy, affecting a wide range of domains including education and businesses, did not allow sufficient mobility of resources which, in the end, hindered innovation activities”.

The report also noted that the domination of government-linked companies (GLCs) and major family-owned conglomerates – all factors the Sultan should be very familiar with – have tended to block competition, innovation and entrepreneurship.

Finally the reported noted that “[e]ven the best initiatives have suffered from a lack of sustainable efforts, political interference or, in some cases, clientelism and corruption”.

The NEP and its successor policies need an open, rigorous and transparent stocktaking to ensure that the Malay community and other Malaysians do not continue to be led astray or become victims of an anachronistic, increasingly elite-favouring, corrupt and indefensible policy.

The magic has been long gone and will never return. Perhaps the Sultan’s next speech may see him provide some ideas on the replacement policy to the NEP.  Empowerment of the Malays, not dependence of UMNO handouts is the way forward  in the pursuit of national unity.

Tunku Abdul Rahman–What a Great Malaysian and Compassionate Leader Among Men


I, as a Foreign Service Officer, too remember Prime Minister and Foreign Minister Tunku Abdul Rahman–What a Great Malaysian and Compassionate Leader Among Men

by Bernama

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February 8 ― Several well-known veteran figures recalled nostalgic moments with the country’s “Father of Independence” and its first prime minister, the late Tunku Abdul Rahman Putra, and his endearing traits in conjunction with Tunku’s 114th birthday today.

Penang Malay Association (Pemenang) President, Tan Sri Yussof Latiff, who knew Tunku since the latter took over the UMNO leadership from Datuk Onn Jaafar in 1951, said Tunku’s integrity was his most distinct personal trait.

“Tunku’s integrity had no compromise, could not be doubted or questioned.

Tunku was honest and sincere. When he took over the UMNO leadership, the party had no money, so Tunku sold his house in Penang to fund the running of UMNO, he told Bernama.

Besides that, Yussof who is now 86, said Tunku was like a father from whom people could seek “shelter” under his leadership, and this regard for Tunku was not just among the Malays but the non-Malays as well.

He said Tunku’s family and the staff at his residence were multiracial and multireligious.

“That was typically Tunku. His cook was a Malay, his driver an Indian and his domestic helper who washed the clothes and dishes was a Chinese.

“Tunku also adopted children, especially of Chinese descent, into the family. He raised five of them from small until they became adults and got married,” added Yussof.

He also regarded Tunku, who died in 1990 at age 87, as a gift from God to this country to lead the Malays and UMNO, then obtained independence for the country and was a leader for all the races.

In remembrance of Tunku’s birthday, Yussof said he had organised a gathering of the Penang state muhbibah consultative council comprising 16 ethnic bodies since 2003, while Feb 8 was made Unity Day for Penang.

“In discussions, Tunku was very open and could accept everything that was voiced out. Tunku Abdul Rahman was irreplaceable,” he said.

Former Inspector-General of Police, Tun Hanif Omar said he first got close to Tunku when he was a member of Tunku’s security detail for the protracted Maphilindo (Malaysia/Philippines/Indonesia) talks in Manila in June 1963.

“He was extremely simple, kind and warm and remained so throughout his life which was guided every day by the Quranic verses that he opened to at random every morning after Subuh prayer,” he said.

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Hanif said Tunku used to allow him the use of his beachfront home in Penang. “May Allah abundantly bless his soul and that of his late wife Tun Sharifah Rodziah,” he said.

Former director of Internal Security and Public Order, Royal Malaysian Police, Tan Sri Zaman Khan said he had fond memories of Tunku when he was the OCPD of Butterworth before the 1969 general election.

The former Prime Minister would come to Butterworth and stay at his small wooden bungalow at Telok Ayer Tawar where he used to hold meetings with Umno and the then Alliance.

Zaman Khan said when he was Penang chief police officer, his quarters was just a house away from Tunku’s.

He said he was advised by Tun Abdul Razak, who succeeded Tunku as prime minister, to keep Tunku company which he did usually after Isyak prayer. And almost every Thursday, Tunku would host local Umno heads for “chit chat sessions with lots of old stories”.

Former banker Dato’ Dr Rais Saniman said he had the honour of serving Tunku in Jeddah, Saudi Arabia, when Tunku was Secretary-General of the then Organisation of Islamic Conference (OIC) soon after he stepped down as Prime Minister in 1970.

“Tunku had an idea with King Faisal to set up the Islamic Development Bank and I was directed by Tun Razak to go and join the international team of experts to set up and get the bank going,” he said.

And Dato’ Dr. Rais had this to say of Tunku: “I started with unease with Tunku but I ended up kissing his feet. He was warm and kind. “Open the first page of the Encyclopaedia of Democracy. He is on the first page. The greatest Malaysian.” ― Bernama