Legal Experts Divided On Royal Control Over Macc Petronas

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The next Yang di-Pertuan Agong, Sultan Ibrahim Sultan Iskandar’s suggestion for MACC and Petronas to report directly to the throne have been met with mixed reaction from legal experts.
Those who disagreed with the proposal cited the Federal Constitution - which stipulates that the Agong shall act on the advice of the prime minister as a constitutional monarch.
Commenting on the specific scenarios brought up by the Agong-in-waiting regarding the MACC and Petronas, lawyer Azira Aziz said such agencies and other government-linked agencies should only be accountable to the Parliament.
Azira pointed out that many special select committees play an important oversight role and provide a check and balance, as well as table reports during Parliament sittings for the government to take action.
She explained that citizens can write to the chairpersons of the said committees and suggest areas of concern to be probed.
Azira Aziz“One example is the Public Accounts Committee (PAC), which previously released its report on 1MDB when there were severe concerns about the conduct of persons involved in it.
“The form of action taken by the government of the day is, of course, dependent on the consensus of the 222 MPs elected by the citizens.
“That is the constitutional law. There is no need for a reigning monarch to play an additional role beyond what is already agreed via our social contract,” she told Malaysiakini.
Since 2018, the PAC has been headed by the opposition to strengthen the committee’s role in holding the government accountable.
In a recent interview with Singapore’s The Straits Times, Sultan Ibrahim (above) said royal authority over the MACC would ensure its independence.
He said this oversight should also extend to Petronas.
Lawyer New Sin Yew echoed Azira’s sentiments, saying the Agong must not play an active role in the government and be “dragged through the mud of politics”.
While the Agong is entitled to much information concerning the government as stipulated in Article 40(1) of the Federal Constitution, New opined that it was quite different to say that the government agencies must report directly to the Agong.
New Sin Yew“The monarchy is dignified, the executive is efficient.
“If for example, a scandal breaks out in MACC or Petronas, we wouldn't want the monarchy to be dragged into it or questioned.
“As per democratic norms, we have elected representatives and governments to do this. If anything goes wrong, the people can effect change through the ballot box,” he said when contacted by Malaysiakini.
‘Give it a thought’
However, other experts were of the view that Sultan Ibrahim’s suggestion ought to be given thorough consideration.
Former Bar Council president Salim Bashir said the prime minister wielded the wisdom to accede and consider the Agong’s requests.
The king, being the supreme head of the federation under Article 40 of the Federal Constitution, should be allowed to enquire upon the good governance of government agencies, Salim added.
Former Bar Council president Salim Bashir“This will essentially provide neutrality, independence and check and balance of government-linked commercial enterprises and enforcement agencies for the betterment of the people,” he said.
Meanwhile, lawyer Haniff Khatri Abdulla said it’s worth considering Sultan Ibrahim’s proposal to place law enforcement agencies under an independent institution - separate from the executive.
However, Haniff stressed that there must be no potential conflict of interest.
Therefore, he proposed for the Federal Constitution and state constitutions to be amended to bar the royals from being involved directly or indirectly in any business.
Haniff Khatri Abdulla“This is to avoid conflict of interests which would be the reason or trigger for improper interference with law enforcement agencies,” Haniff told Malaysiakini.
“To carry this out, a formula must be worked out and implemented constitutionally, that the Treasury provides from our annual income (the country’s gross domestic product), for complete and proper maintenance of our royals.
“This is so that they need not be involved in business to maintain their lifestyle,” he added.
Sultan Ibrahim has many business interests, with one notable one being the Forest City megaproject in Johor.
The project has been struggling for years after China restricted its citizens’ ability to invest overseas.
Sultan Ibrahim during his interview with The Straits Times, mooted that the scrapped Kuala Lumpur High Speed Rail (HSR) project be revived by passing through Forest City.
Besides his stake in Forest City, the monarch also has interests in two major sea reclamation projects along the Malacca Straits – Melaka Gateway and the Maharani Energy Gateway off the coast of Muar, Johor.
The Johor ruler will be crowned the next Yang di-Pertuan Agong on Jan 31. - Mkini

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