Day: February 12, 2009

By Farish A. Noor

Nothing stirs the humbug soup better than spurious talk of patriotism and loyalty. The saddest thing of all is that more often than not whenever there is the rallying call to demonstrate one’s patriotism and to show one’s love for the nation, it comes from the most narrow-minded, chauvinistic and intolerant quarters of society.

This was demonstrated in Malaysia recently when political differences between the ruling National Front coalition led by the UMNO party and the opposition People’s Alliance (Pakatan Rakyat) spilled out onto the streets. In the wake of the take-over of the state assembly of the state of Perak by the National Front, several politicians of the People’s Alliance – including veteran opposition politicians like Karpal Singh of the Democratic Action Party and the former Chief Minister of the state Nizar Jamaluddin – cried foul over the means that were used to wrestle control of the state assembly from their hands. Complicating matters was the role of the Sultan of Perak who chose not to dissolve the Perak Assembly but instead allow for a new National Front-led state government in a matter of days.

Now from the wider perspective of world politics, the goings-on in the state of Perak somewhere in North Malaysia may not have even registered a blip on the international news radar. Indeed, years from now the historian may write on the episode and sum it up in one sentence, as an instance of power changing hands in a controversial manner.

But what is alarming was the reaction of the Youth Wing of the UMNO party that reacted to the protests of the opposition party leaders by condemning them for having the temerity to question the process and the role of the Sultan in the debacle. Continue reading “Patriotism and Hate-Speeches are Different Things”

The police questioned DAP National Chairman Karpal Singh for two hours yesterday in connection with 89 reports which had been lodged against him nationwide for being disrespectful to the Sultan of Perak over the most simple proposition – that rulers in Malaysia’s system of constitutional monarchy can be taken to court in their official capacities.

This is the height of nonsense in the police and the Home Ministry!

Are all the law professors and lecturers in the Malaysian universities and colleges going to be questioned by the police for the crime of treason for teaching their students that rulers can be sued in court for their official capacities?

Are all the judges and the lawyers in the country going to be charged for treason for holding that rulers can be sued in their official capacities?

The Home Minister, Datuk Seri Syed Hamid Albar and the Inspector-General of Police, Tan Sri Musa Hassan should be fully aware of this simple legal proposition or they are simply not fit to continue for a single second in their high positions and in Hamid’s case, everyone must wonder how he got his law qualifications in the first place! Continue reading “Rulers can be sued – are judges, lawyers, law professors/lecturers to be charged for treason?”

By M. Bakri Musa

The current tussle between the Sultan of Perak and his Pakatan Chief Minister is not the first, nor will it be the last, such crises in the country.

Contrary to the assertions of constitutional scholars and legal practitioners, this is not a legal issue. Its solution does not lie with the court system. Nor does it require of us to return to the old feudal ways of blind loyalty to the sultan, as some traditionalist would wish.

I am not surprised that Sultan Raja Azlan, a former chief justice, would view this as a legal matter. However, the reputation and salvation of Raja Azlan specifically, and that of the institution of sultans generally, would require of him to look beyond the law for a solution. Anything less and he would risk our country degenerating into another Thailand, cursed with endless constitutional and political crises. Coming as it is during these trying economic times, it would also be a major distraction, one we could do without. Continue reading “Sultans Must Read Their Subjects Well”