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Wednesday 17 September 2014

The Rise of The Statist Oligarchy




They do not teach English as in Old School. I ended a previous article by the adverb then. It means what it is supposed to mean- that after everything else fails, this is the last step.
Some people took it to mean that I have made a 360 degree turn. I have not.  As a teacher in primary school Mr. Chok,(Kuantan Sultan Abdullah School) used to say when teaching English- father, mother send you to school to learn English, you run away.
Beware of the wider implications. The PM and UMNO president is short-sighted. The next time it may involve the position of the PM itself- more than 2 names will be asked. Now, it’s the MB’s post, next is the PM’s post.
It means after all the suggestions that we follow the intent of the constitution and convention are not accepted, we have no choice but to let there be  state elections.
It means, state selections is a last resort after all else failed. The failure is simply due to our refusal to follow what are laid down by the constitution and convention.
Our attention then must be directed as to how did we find ourselves to be in this bind?
We are in our present state because we have advisors to HRH the Sultan- many of them clever and cleverer people who have advised that the Sultan has the power to determine who can become MB.
If we look at history, the purpose of the provision given to states where we have sultans was to ensure that the MB was a Malay. In the early part of the 20th century, the British brought in Indians and Chinese and soon the population of these invited immigrants was larger than the indigenous Malays.
The Malays were alarmed and the British conceded and the inclusion of provisions to ensure Malays becomes MB. I have said that in an earlier article. So, to me, in the context of the purpose of the constitution of states and even the country, the freedom exercisable by the King is in determining and ensuring the MB is Malay and a Muslim.  
The gender is a non issue;why are we petty whether the MB can give sermons or not- how many MB’s now give sermons in mosques? Where it is not allowed in religion for a lady to go, the MB, if she were a lady can always assign a senior exco.
So why are people disputing why one name is submitted- the area of dispute permissible and allowable if that happens is, if the person proposed as MB or PM is not a Malay and Muslim.  The second purpose, of the provisions therein is, the Sultan is there to help and protect the Malays. He does this by ensuring the MB and PM is Malay. End of story.
By writing and speaking on this fact- how can it be regarded as humiliating the King? The King is a limited monarchy. We say it and affirm it. We cannot confer upon the King more power than is allowed by the constitution. Affirming this as being fact, means we are humiliating the King?
The king has power to determine who the MB is. Says the group of advisors which may include lawyers as well as people who are afraid the economic interests are in jeopardy.
The statement and proposition is only half true- it must be qualified that the power is circumscribed by the constitution and convention. The ruler acts on advice and on convention. How the power is utilised is the issue and source of the Selangor imbroglio. Plus PAS’s strange interpretation and reading of the Selangor politics.
The conduct of HRH the Sultan was supported by groups of people who want to see an absolute role of an absolute monarch. This is a disturbing trend in Malay thinking, which I hope will not gain traction among the larger Malay community. This group does not seem able to differentiate the meaning between the concept of constitutional and absolute monarchy. Absolute monarchy does not exist anymore.
While the Malays are respectful, revere and want the monarchy to be around, they certainly do not want the return of an absolute monarchy. Then, we might as well do way with democracy, allow the Sultans to appoint whomsoever they want to administer the country. Make sure those appointed to office answer to the Sultans personally.
The constitution protects the existence of our constitutional kings. A change in the constitution cannot be made at the whim and fancy of anyone without requiring a super majority of 2/3rds of the votes in parliament. What more the removal of kings unless of course the Malay kings sign their own death warrants.
So let us stay clear from responding to imagined threats to the Malay monarchy expected from us by troublemakers who are just looking for an excuse to make trouble.  
The threat against the Malay monarchy exists in the imagination of these trouble makers. But make no mistake about it- their presence and existence is welcomed by the statist-minded UMNO leaders. They provide a useful reservoir of excuses to legitimatise further repressive action by the state on its political opponents.
We stand in direct opposition to this group.  
I need to make it clear here- I have been accused of being more critical than even the Chinese. I am not going to debate this opinion which is based on the assumption that, by nature the Chinese are anti-monarchy. While we can’t stop the Chinese from thinking whatever in the privacy of their homes and thoughts, I think on the whole, the Chinese are willing to live and let live.
I am talking here as a Malay who does not want to see a return of the absolute monarchy – a system of despotic government with all the attendant repression, tyranny and coercion and terror visited upon the hapless masses. These things are well narrated by the foremost Malay thinker of his time, Zaaba as early on as in 1927.
There is no single Malay , educated in the tradition of democracy who is aware of his inalienable rights as an individual, who values family values and does his bit to promote the well-being of society will want to support a government consisting of an oligarchy who rules as despots- benign or malignant.
Despotism will eventually lead to totalitarian rule and discretionary rule by the power hungry politicians. Thus the Home Minister who is not known for his cerebral prowess despite earning a doctoral degree can spew nonsensical statements about indefinable threats betraying his lust for total control. Totalitarian rule is a threat to our inalienable god given right as a human being, we are no slave to others, we promote family values and do our bit voluntary to further society’s well-being. The despots supported by their sycophantic drones want us to give them total power to do as they please.
All Malaysians must unite to prevent this from happening.  UMNO must stop using the name of the Malay race, and the imagined threats to its indefinable interests to justify repression.

19 comments:

Pok Li,  17 September 2014 at 11:18  

How I wish the Malays/Muslims have open debates on the issue of rulers having absolute powers from Islamic perspective. PAS especially, being a religous party as they claim, should show that they are truly guided by the Quran and Hadis.

The problem with Malays is that they seem to be confused between religion and culture.

Anonymous,  17 September 2014 at 11:51  

DATO,

Tidak ramai Pemimpin yang menulis isu-isu penting Negara dengan baik.

Saya sentiasa bersama menyokong Dato. Pohon izin sekali lagi bahawa setiap artikel yg Dato tulis akan saya share di dalam FB saya untuk rakan-rakan memahami isu-isu penting Negara.

Terima Kasih.

Zuki Ahmad
Rakyat Prihatin.

Anonymous,  17 September 2014 at 11:55  

Feudalism can be a stumbling block to the progress of any race or nation.

Sam,  17 September 2014 at 12:25  

Salam Dato',

I support HRH Selangor in this matter but I'm not in the group that wants absolute monarchy.

The issue of "convention"; Yes perhaps it was true that all this while only one name has been submitted for MB or even Prime Minister.
But what about the "convention" of acceding to the ruler's request?

History has shown that there were times when the ruling party and rulers were at loggerheads. This is not unusual. I believe that any conflict between rakyat and royals is fine but it should be handled with the decorum it deserves.

Thankfully, there is a solution (which you pointed out) which is, elections.

Who has the rakyat's best interest at heart in this matter? Pakatan or HRH?
Let the rakyat decide.

Anonymous,  17 September 2014 at 12:38  

What is alarming and surprising is this; Hj Hadi and his ulamak faction seems to favor the concept of absolute monarchy. In submitting more than one name, it shows that they put more importance to the directive of the Sultan than the spirit and intent of the Sgor Constitution.

Hj Hadi and the ulamak faction now controls the other 13 Pas Adun. So it is doubtful if they would support a constitutional amendment to the Sgor constitution to make provisions with respect to the removal and appointment of MB more clearer.

There should be amendment to the Sgor constitution to make removal of the MB who no longer enjoys confidence of the majority more clearer. The amendment should give power to the Speaker to call for an emergency meeting to enable the DUN to take a vote of confidence and to choose another Adun as MB.

Now to make any law, it must be through a Bill passed by the DUN. If the Bill is not signed by the Sultan within 30 days, it becomes laws. Perhaps a similar clause should be inserted with regard to the appointment of an Mb when the party winning the largest seats nominated its candidate for election as MB.

With a 2/3 majority, PR would be well advised to relook at all the grey areas and fine tune the Clauses and provisions of the Sgor consti so that similar problem would not crop up again in the future.

After all, it is always difficult to get a 2/3 majority. But once you got it, it must be utilized to the maximum.

Anonymous,  17 September 2014 at 14:01  

Dato,
EXACTLY as you have written. The advisers to the ruler seem to have their own personal axe to grind.
Malaysia has a constitutional monarchy, absolute monarchy does not exist any more.
It is terribly tragic PAS and its head seem to be mixed up between religion and tradition. They have lost their way.

Anonymous,  17 September 2014 at 14:35  

Dato, looking back all this furor and mess continued with Hadi and his protege. They just cannot let go. The ruler and the rakyat are being dragged in. The wisest way to finish this is to adhere to in the words of Pak Lah in his blog:

"The government chosen democratically must be given the chance to govern, whether it is Barisan Nasional or Pakatan Rakyat.

"The same goes for leaders. If a leader is chosen, let him have his chance to run the government fairly and justly," he wrote.

Therefore, Azizah who has been elected democratically and given the majority support be appointed MB.

ordinary malaysian,  17 September 2014 at 14:40  

Dato, you may be right if you want to be didactic. But then (ah ha, that again!), to even be sarcastic or whatever more appropriate word you of course are better qualified to think of as a proper old school English product to use, to write of a snap election then (that again!) is not altogether ingenious or, worse still, is disingenuous if not altogether to advocate capitulation in capitulation. For what guarantee do we have that after the folks have indicated their preference the same circus won't repeat? (We know you know this, of course, ergo the sarcasm) We stay with what we think is the right thing to do and not muddy the river by a device that is likely to be missed or misunderstood or to have occasioned confusion as it clearly has had. Sarcasm can be lost on a lot of people, especially including, of course, us not sensitive or smart to the nuances of proper English. Readers would prefer that Dato be more sensitive, and merciful, to those not similarly blessed with the skills of one whose English is the Queen's. And perhaps also save palace advisors the blushes that Dato might have had also unwittingly wrought. The message we want to maintain - consistently - is that no party, especially those in the position to frustrate democracy, would have any doubt to believe that we are capitulating in one form or another or are unsure of what we are talking about. Because it is hard, if not already nigh impossible, to get the voice of the rakyat to be heard and respected in the midst of all the propaganda and threats swirling around us poor, long suffering hoi polloi. Little mercies go a long way, Dato.

Anonymous,  17 September 2014 at 15:26  

Najib should not put head in the sand and pretend that Mb issue in Selangor is constitutionally being followed. It is not. To allow this to happen will mean dire consequences for future appointments of PM and MBs.
Its bizarre and absurd to wait for the PAS Muktamar to end to decide on the next MB. What is the meaning of majority then?
What is our nation coming to?

Anonymous,  17 September 2014 at 15:37  

Thankfully, there is a solution (which you pointed out) which is, elections.

Who has the rakyat's best interest at heart in this matter? Pakatan or HRH?
Let the rakyat decide.

17 September 2014 12:25

--------------------

What a contradict statement?

I have yet to see a good "SU" in malaysia and was bully during the MAMAk time without any protest from the Malay.

The rakyat has chosen the adun "Wakil" and the "S" should respect the rakyat wish and not sided to the present G.

Use your brain to think why a double standard has been in practised as compared to Perak.

What is the point to have another election if the "S" keep asking for more candidate? it will goes back to the square one and answer me

1) What is going to happen If the selected MB by "S" fail in Selangor. Who to blame?

They should protect the rakyat and not the present G.

Anonymous,  17 September 2014 at 15:57  

You raised a very interesting point here. Assuming that Pakatan can win the next general election, can the Agong, taking a cue from the Selangor criteria, be able to reject the candidate that the opposition nominate for the PM post? I mentioned opposition because we know that the same situation does not apply to the BN and they are the ones who are the real culprits behind all the present shenanigans.

Anonymous,  17 September 2014 at 16:49  

Dato,
sincerely hope the advisors to the ruler are not relying on the PAS ulama congress to end the MB farce?

Consider then PAS Perak delegate Norazli Musa who referred to the jihardist Lotfi as a “martyr”.

What about PAS MP for Pasir Mas Nik Abduh Nik Abd Aziz who was reported to have taken to Twitter and Facebook earlier to share a quote attributed to Lotfi, calling it “a good advice”.

Wasn't Lofti sacked from PAS? Really dont understand why the PAS Ulama and PAS head Hadi are keeping quiet on this?

What a farce indeed!

Anonymous,  17 September 2014 at 16:58  

Dato,

Brilliant piece of writing. I hope that you don't get into trouble for voicing out the facts. Far too many right minded individuals including constitutional law professors and lawyers are now facing sedition charges simply for given their legal opinions on the facts.

ordinary malaysian,  18 September 2014 at 03:23  

@Sam 12:25 Acceding to convention is all right, provided that to do so does run foul of the supreme law of the land ie the constitution. Has it been a convention to submit multiple names? Don't you think, with all due respect to the palace and its advisors (that's a convention too that I am observing) that submitting multiple names in fact implies that no one enjoys the majority support of the Aduns to be appointed the MB? If I am submitting A's name, I am saying that A enjoys the majority support. At the same time if I submit B's name, what does it mean that A has the majority support?

Please note that Dato had chided commenters who had no idea of proper English or its nuances, particularly with regard to the qualifier 'then' and who then (ah ha) even had the temerity or cheeks to take Dato to task for suggesting a snap election.

No, Dato was not suggesting election as a solution. You have thanked the wrong person! if that was what you were trying to do. Haha..

ordinary malaysian,  18 September 2014 at 03:27  

Oops, should have read'..does not run foul of...' not '...does run foul of...'

Anonymous,  18 September 2014 at 09:55  

PKR and DAP has followed the constitution to submit the MB candidate represented by the majority adun/rakyat. PAS is not following the law.

The present scenario has used by someone to use the palace to threathen the ulama PAS to confuse the public and blame the PKR and DAP for no following the "PA" instruction.

For now onward, the weak G is using the "P" to control the brainless people who dont know how to differentiate the right or wrong.

Respect need to be earned and not detect/tell other to follow blindly.

Why you need to follow the instruction blindly if you are the pay master for their luxury living?

Are you a slave to them or you are the pay master which they need to protect/or listen you?

We dont need to pay billions to maintain their luxury life style who is not protecting the Pay Master.(rakyat)

We should use the brain to think wisely who can protect us and not follow blindly to make us suffer more tax to subsidies their lifestyle.

sam,  18 September 2014 at 10:41  

@ordinary malaysian 3:23,
Dato' Sak use of "then" was to mean that elections as a last resort. At least that's how I read it. It's fortunate that we have mechanisms, like that, in place to check the powers of each group.

As for adhering to "convention", I see both sides (Pakatan and Palace) both posturing and asserting whatever power they have;which to me is perfectly fine. Let's see who blinks first. If that fails, then let rakyat decide.


ordinary malaysian,  18 September 2014 at 15:04  

@Sam 10:41. Perhaps you missed the point of what I was saying in my own comment. Everybody knows that election is the last resort. But in the circumstance when we need to press home to the powers that be that we will not countenance attempts to skirt the constitution - and we do know how difficult it is to even get them to deign to listen - we should not let them think that we are vacillating or capitulating in any way. So what I was saying was that a device that could easily be misunderstood and here especially, I was more concerned about those in the position to frustrate democracy thinking that alas! here we have them (us ie) having seconds thoughts as always. The mechanism I suppose you were referring to is election. Again, I had questioned whether that might not well work. What guarantee is there that the same circus won't repeat itself after the people have showed their preference that again doesn't please the powers that be?

We must not mistake that the palace's role is a check and balance one. The palace's place is to stay above politics and not jeopardise its neutrality. Here, there is no question of posturing, for that really would in effect reduce the palace to a commonplace institution. THE PALACE'S ROLE IS SUBSCRIBED IN THE CONSTITUTION.

Check and balance roles belong rightly to the three institutions - the judiciary, legislative assembly and the executive.

Anonymous,  18 September 2014 at 17:56  

Sgor Sultan will appoint MB on Tuesday. Irrespective as to which PKR Adun is appointed, his first priority is to table an amendment to the Sgor Consti to avoid future uncertainties.

Presently, Art 53(2)(a) reads 'the Sultan shall fist appoint as MB...member of LA who in His judgment is likely to command the confidence of the majority of the members of DUN'.

Proposed amendmend shld include clause 53(2)(aa) which should read, ' for the purpose of the abovesaid clause the party winning the most seats shall submit the name of the Adun who has command confidence of the majority...'

Presently Art 53(6) reads, ' If the MB ceases to command the confidenc of the majority....then, unless at his request the Sultan dissolves the Assy, he shall tender the resignation of the Exco'.

Proposed amendment shld include 53(5)(a) and reads, ' for the purposes of the above clause, the Speaker shall convene a special Assy where a vote of no confidence is taken against the MB; and follo0wed by the election of a new MB who commands the confidence of the majority...'

With such amendmenta, incidents of sitting MBs refusing to quit and incidences of the Sultan asking for more than 1 name could be averted.

Hope, Sak could make such proposal.

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