Nov 21, 2001

Peering Closely At The Face On The Screen

by Harun Rashid

According to persistent rumour, Malaysia has a Constitution. In an effort to ascertain the truth of the matter, I asked several practising members of the Malaysian Bar. There was a mixed response, often somewhat heated or tainted with horror, and it was impossible to find complete satisfaction in the matter.

Some were certain there was, others assured me there was not. Some said there once was, but not now. The majority refused to commit themselves at all, not venturing to express an opinion, fearing loss of profession by lack of ticket to practice. None were willing to be personally identified. Apparently it is a sensitive issue, capable of arousing emotion and putting grown men to flight.

One, on condition of anonymity, suggested I visit a certain bookstore. I found it soon enough, hidden away in a narrow lane several steps off the busy street. Going timidly within, I stirred a tinkling bell that aroused the drowsy clerk.

I humbly asked him if there might be a copy of the Malaysian Constitution for sale on the premises. He was immediately wide-eyed, taken aback in shock. He peered curiously at me, eyes first squinting, then darting defensively about. He put his face first forward, then back, ducking slightly under my chin and rolling his eyes up to mine. Slowly one hand came furtively forward, his fingers flexing into and out of a slight fist, as a beckoning beacon. Without speaking, he tilted his head aside, then shuttled through the narrow counter opening toward the back wall, lined with shelves of books. The limpid hand flapped, meaning I might follow.

After first looking to see no one was near, he indicated a middling shelf. He pointed his finger to the aforementioned book. There, nestled between other inconspicuous legal books, I saw a small soft cover book. On the orange spine were written, in bold black letters, the words 'FEDERAL CONSTITUTION'. On the lower portion, in parentheses, were the words (in a lower and lesser font) "AS AT 1ST JANUARY, 1999".

There was nothing about the cover to suggest this was indeed the missing Constitution of Malaysia. With trembling fingers I gently, gingerly eased the shiny bright new book from between its fellows.

On the cover along the left was a vertical white band. The title of the book was _FEDERAL CONSTITUTION_, with a subtitle, _(INCORPORATING ALL AMENDMENTS AS AT 1ST JANUARY 1999)_ in parentheses (in lower and lesser font, but all capitals). It is difficult to relate the excitement of this discovery.

Yet there was no indication it was in any way associated with the laws of Malaysia. It might have been the Federal Constitution of Malawi. Then I saw it. A small box in the upper left contained the words (in lower and lesser font, all capitals), _LAWS OF MALAYSIA_. My heart stopped, my breath hung in my throat. Yes, finally, this was it. My search was ended. Here at last, in my very own hands, was the missing Constitution of Malaysia.

Attempting to conceal my delight, and wishing to appear indecisive, I casually inquired the price, hoping that it fell within my ability to pay. The clerk reached forth his hand for the book, and hesitantly I gave it over, my heart sinking in dread. He said nothing, but slowly, almost shyly, he turned the little treasure over, pointing with a thin long-nailed-but-neatly-trimmed finger to the puny price tag pasted on the bottom of the back cover.

I looked, then looked again. Miraculously, the book was only RM 6.75. "Is this correct?" I asked. "Yes," he replied. "Are you sure?" "Yes, even at that price, we don't sell many. You are the first to ask for it in a long time." The copy seemed as though it had never been examined. There was no tell-tale wrinkle on the cover alongside the spine. The paper of the pages had no bends, creases or turned down corners. It was in pristine condition, free from unjudicial inspection, uncontaminated by any incautious in-store usage. The Constitution of Malaysia had languished long, lying lonely and unleafed on the legal shelf.

"OK, I'll take it," I said, trying to keep my voice steady. He looked at me with curiosity, then hid the book against his shirt as he turned and walked innocently toward the till. I guiltily followed.

He went behind his counter, and holding his hands below and out of sight, quickly slid the little orange book into a plain brown bag, pushing it onto the counter in front of me. Eagerly I counted out the price, paying with three two-Ringgit notes and one one-Ringgit note. He took the bills, opened the till, and placed one twenty-sen coin and five one-sen coins on the counter. He studiously avoided my eyes, looking lethargically aside. He seemed somewhat embarrassed, uncomfortable, as though wishing me out and gone.

He made me nervous, as though watched by suspicious eyes. I think he knew I was mildly annoyed to get the one-sen coins. My uncertain fingers fumbled, and I dropped several. I couldn't seem to pick them up, and finally I just scooped them into my palm and dropped them into my pocket. I didn't want those copper coins, but hesitated to make an objection. There was a further sense of misgiving, as I knew there was a small, but growing, hole in one of my pockets, but could not recall which.

I quickly gathered the plain brown bag and left the shop, feeling unbelievably lucky to have finally acquired a copy of the elusive Malaysian Constitution. I could not wait to look into it, and ached to take it out of the bag as I walked. But thinking better of this, I decided I dare not, and walked briskly several blocks before stopping a taxi to take me home.

Once inside, behind a locked door, I ventured to ease the little book out and examine it. Sitting beside the sunlit window, I opened it with reverence. The title page is cautious, saying only 'Federal Constitution', with no indication that it pertains in any way to Malaysia. I began to entertain a doubt. Perhaps this was not it, after all. My thoughts wandered to Burundi, Uganda, Zimbabwe.

Then, on page two, under Part III, Article 16A, I read, "Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)." Yes, this must be it, the long sought Constitution of Malaysia. Eagerly I turned the pages, noting the organisation.

There are fifteen Parts, each Part sub-divided into Chapters. Each Chapter contains several of the 183 Articles, which are numbered sequentially throughout. The last article has the appearance of a catch-all, being further sub-divided into thirteen Schedules, which are again further sub-divided into Parts. These second Parts are not the same level of Parts as the Parts of the first Parts.

To some this may appear confusing, but to my practised eye all was immediately clear. The words of Article 183 jumped out at me, "No action, civil or criminal, shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the Attorney General personally." This Article suggests to me that the King and the Rulers might take a special interest in the person who is be appointed the Attorney General of Malaysia.

Curious, I looked further, to see how the Attorney General is supposed to be chosen. There it was, in Part X, sub-titled 'Public Services', which contains Articles 132-148. Article 145 is simply titled, "Attorney General." With some anxiety, I started for Article 145. The new pages were stiff, and it took some time to work my way back to page 176. But finally there it was, all six Clauses of it. And it was there I found the Malaysian connection.

Clause (1) says, "The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation."

Startled, I read it again. It said the same thing, "The Yang di-Pertuan shall ...." I looked again. Still the same. It is clear. The Constitution of Malaysia states that the King is to appoint the Attorney General. And only the Attorney General, personally, can initiate an action against the King.

In Clause (5), the Constitution states, "Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office, and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine."

So the King can dismiss the Attorney General if he is displeased, and might not pay next month's salary if there is any dispute. It would appear that the King has final say in the matter, and the views of the Prime Minister carry little weight if the King is not pleased with either the appointment or the performance. It is the King who butters the Attorney General's bread. It is the Attorney General who butters the bread of the King and the Rulers. So where and why does the Prime Minister enter either the appointment or the performance?

But who is this face I see before me? Is it the King? Certainly not. Much too young. Besides, the King is in the hospital with heart problems. Oh, yes, now I recall. There is an Acting Agong, duly sworn to act in behalf of the ailing Agong. Perhaps it is him. No, the features do not match. Who then is this, this solemn, drawn face giving swivel-jawed announcement of the appointment of a new Attorney General? Is it a Cabinet Minister? No, it is a fatuous functionary from the Prime Minister's Office posturing before the press.

And what a strange appointment it is. It gives the appearance of only formalising what has been the fact for a long time past. It seems the outgoing Attorney General was never really in, that the incoming Attorney General was already in, and has been in, acting as Attorney General-in-fact for several years. But constitutionally, without the King's approval, can he yet be formally and legally installed in the office?

What does the King say? It would seem the King and the Rulers must have an interest. But are they still able to function as constitutionally capable King and Rulers, or are they cowed by the outrageous actions of the Executive? The role of the King and the Council of Rulers is clear, they are the protectors of the people. If they fail in this function they fail the people, and the people take note of this. If there is doubt on the matter, there are a few more copies of the Malaysian Constitution still available in the bookstores.

The present resignation is seen first as a moral and legal stance, a refusal to condone what is unacceptable in present practice, and second a refusal to continue further as a surrogate held responsibile for questionable prosecutions, and without any accompanying authority to set matters right. No honourable person would hold the office under such a set of circumstances.

When the volume detailing the entire Anwar Ibrahim affair is finally written for history, it will contain all the elements of tragedy, farce, satire and comedy. Today's chapter, the promotion of a putrid public prosecutor to Attorney General, contains all four.

It is, simply put, a reward for loyal, if dishonourable, service, in the same spirit as Henry VIII's Richard Rich. Such conduct is neither Islamic, nor permitted under any imaginable Islamic State. The pretensions thereto are shown by this appointment to be a sham.

Link Reference : Harun Rashid Worldview: Whose Face Is This On The TV Screen Before Me?