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Thursday 2 April 2009

Siapa derhaka terhadap Tuanku Agong?

By Haris Ibrahim

Article 43 (2) (a) of the Federal Constitution provides that “the Yang di-Pertuan Agong shall first appoint as Perdana Menteri to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House”.

Two observations on this provision.

First, the power in the appointment of the Prime Minister is the exclusive purview of the Agong and turns on His Majesty having ascertained to his satisfaction that the one to be appointed commands the confidence of the majority of the Dewan Rakyat.

Second, the exercie of this power presupposes that there is then no sitting Prime Minister.

The day before yesterday, Malaysiakini reported that ‘Ministers and their deputies have today received invitations to attend the swearing-in ceremony of the new prime minister in Istana Negara on Friday’.

Malaysiakini reproduced the following sms that was making its rounds yesterday and reportedly received by a deputy minister.

Istiadat pengurniaan surat cara perlantikan dan istiadat mengangkat sumpah jawatan dan setia serta sumpah simpan rahsia oleh YAB Dato’ Sri Mohd Najib sebagai PM

Yesterday, a Bernama report, carried by most of the MSM and by the Malaysianinsider, had it that the Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan, announced today that the Yang di-Pertuan Agong had given his consent for Najib to be sworn in as prime minister at 10am o this coming Friday.

This announcement, in effect, meant that His Majesty had consented to exercise his powers under Article 43(2)(a) this Feiday and appoint Najib PM.

It also meant that His Majesty had duly satisfied himself that Najib was likely to command the confidence of the majority.

It would, in my view, also suggest that Pak Lah had duly informed His Majesty of his intention to resign from the office of PM.

Yet, at 5.43pm yesterday, Malaysikini reported that Pak Lah will only be tendering his resignation to His Majesty later today and then quoted Najib, who is scheduled to accompany Pak Lah to that meeting, as saying that “the PM will invite me to accompany him to have an audience with the king and subject to the king’s consent, then Friday will be the (swearing-in) ceremony”.

In other words, the Agong has n0t as yet been given a letter of resignation by Pak Lah nor has His Majesty consented to Najib’s appointment.

This, now, is confirmed by Tan Sri Mohd Sidek, who has clarified that hi s statement was issued prematurely. Read about this at Rocky’s.

What does prematurely mean?

Agong had consented but I was not authorised to announce?

Or Agong had not as yet consented?

And if the Agong had not as yet consented, who gave the instructions to send out the invitations for the swearing-in ceremony?

And why?

Hidden hands try to force a royal one, fearing that which they wish to see may not come to pass?

Is that not derhaka?

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