The emergency rule can be ended earlier than the expiry date but can never be extended like some loyalty membership cards; the process of getting a new Proclamation of Emergency must therefore start all over again, meaning Muhyiddin has to apply as if it is a new application.
Last October, when King Sultan Abdullah rejected the ruling Perikatan Nasional government’s request to declare a State of Emergency, the monarch had also warned MPs against destabilizing the government. At lightning speed, PAS Islamist party president Abdul Hadi Awang lectured the Opposition to obey the royal advice and stop politicking.
This February, when King Sultan Abdullah decreed that Parliament can reconvene even during the Emergency period, the monarch had also reminded the government that Malaysia practises the democratic system based on the principle of the supremacy of the Constitution. This time, however, PAS supremo Hadi disappeared, and no longer talked about obeying the royal decree.
The so-called Malay-centric Perikatan Nasional government is not only illegitimate but is also being led by munafiq (hypocrite) leaders, especially the snake oil salesman Hadi Awang. When it suits them, they will lecture until foaming at the mouth that people must obey the King. When it’s against them, they will keep quiet and treat the King like dirt.
Not only PAS leaders are a bunch of hypocrites but also traitors to the Malay Rulers. After former Agong (King) Sultan Muhammad V of Kelantan appointed Tommy Thomas as Attorney-General, the Islamist party had threatened to hold a rally should its demand that Thomas be removed was not entertained. Is that not an act of treason and treachery to the Malay Rulers?
When King Sultan Abdullah of Pahang unexpectedly granted meetings this week to political party leaders, including the Oppositions, the despicable Hadi was jumping madly. The fake holy man went ballistic even from his hospital bed. He conveniently quoted the Prophet, Quran, Islam and whatnot, and demanded action against the plotters, even when there are none.
Not only had PAS leaders – who have a particularly great taste for Mercedes-Benz, young women and cash – insulted former King Sultan Muhammad V, but have also belittled the intelligence of current King Sultan Abdullah. Fearing of losing power, silly Hadi Awang thought the monarch could easily be influenced by Opposition Anwar Ibrahim and Lim Guan Eng.
On June 12, PAS secretary-general Takiyuddin Hassan claims that whether the current state of emergency will be extended or otherwise will be depended on the Cabinet’s advice to the Agong. His statement suggests that the King must be as obedient as a puppet. Essentially, if Prime Minister Muhyiddin tells Sultan Abdullah to extend the emergency, the monarch must quickly sign the paper.
In the same breath, pro-Muhyiddin bloggers, propagandists and cyber troopers quickly reminded the nine Royal Households, who are about to hold their emergency meeting next Wednesday (June 16), that Agong is a constitutional monarch. They also said that the Agong is not empowered to proclaim an emergency for the Federation of Malaysia unless it is on the advice of the Prime Minister.
Like a constitutional expert, they claimed that according to Article 40(1) and (1A) of the Federal Constitution, the Agong is required to and must act on the advice of the Prime Minister. To act against the advice of the Prime Minister is a violation of the Federal Constitution and the rule of law, they said. Of course, they changed the definition of the Constitution to suit their purpose, as usual.
There are basically three issues with the panicked Muhyiddin supporters. First of all, Article 40(1) states – “The Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation, which is available to the Cabinet.”
Obviously, there isn’t such thing as Agong “must act” on the advice of the Prime Minister. The Constitution regarding Article 40 is vague. While the monarch is to act in accordance with advice as provided for under Article 40, but at the same time it says the King need not act in accordance with advice if the Federal Constitution states otherwise.
The second issue is pertaining to Article 150(1), which states – “If the Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.”
Again, based on the definition of Article 150(1), the King has the discretion to not act on the Cabinet’s advice. The words “satisfied” and “may” suggest that the monarch need not act in accordance with the advice of PM Muhyiddin if the King has a different thought. In other words, it is not automatic that every time a prime minister desires a Proclamation, the Agong must agree to it.
Here’s a simple question to half-past-six de-facto Law Minister Takiyuddin Hassan and supporters of Muhyiddin, who like to twist and spin the Federal Constitution. Last October, the same King Sultan Abdullah humiliated PM Muhyiddin when his request for a Proclamation of Emergency was flatly rejected. Did not the monarch use Article 150(1) and Article 40(1) to do so?
While the King cannot simply proclaim an emergency unless it is on the advice of the Prime Minister, the monarch can certainly reject or approve it. Sultan Abdullah’s rejection of Mahiaddin’s request in October 2020 for a state of emergency proves that the monarch can tell the prime minister to go fly kite if he requests for another emergency extension after the current one expires on August 1.
If indeed the Agong had violated the Federal Constitution and the rule of law after he disobeyed and rejected Muhyiddin’s request last October, why didn’t the government sue the King until the kingdom comes? Exactly what can the self-proclaimed stupid prime minister do if his request for an extension is rejected after next week’s special emergency meeting between the King and his brother rulers?
The third issue – Takiyuddin’s claim that the extension of emergency rule depends on the Cabinet’s advice is dumb at best. Actually, nowhere in the Federal Constitution that says an existing State of Emergency can be extended. The current Proclamation of Emergency, which began on 11 January 2021, will automatically cease at midnight 1 August 2021, full stop.
Between now and 1 August, the emergency rule can be ended earlier than the expiry date but can never be extended like some loyalty membership cards. The process of getting a new Proclamation of Emergency must therefore start all over again, meaning Muhyiddin has to apply as if it is a new application. At the same time, Agong can either approve or reject his application.
Heck, the Agong does not even have to entertain any silly proposals or recommendations from the Cabinet. It is the Special Independent Emergency Committee 2021 (SIEC) that will advise the monarch when it would be feasible to lift the Emergency ahead of its scheduled end on August 1. Still, the committee does not have the power to tell the King to extend the emergency.
Muhyiddin has no one to blame but himself for ignoring the Agong’s decree to reconvene the Parliament in the first place. Because the clueless and incompetent government has created a bigger mess than before the emergency rule, the Sultans may have no choice but to either end the Emergency earlier or let it expire in order to force the reopening of the Parliament to restore public and investor confidence.
There’s a compelling reason why Sultan Abdullah had agreed to meet with all the political party leaders, including the Oppositions. If it was already decided to prolong or extend the emergency by way of another declaration of emergency, he did not have to conduct the meetings, let alone a special emergency meeting with his brother rulers next week.
Do you think the King didn’t know the leaders of the three biggest parties – UMNO, PKR and DAP – will disclose what transpired in the Palace to the journalists after the high-profile meetings? What will happen to the monarchies’ reputation if it extends the highly damaging emergency rule, even after the majority of the political parties had urged the royal house not to do so?
The nine monarchies are smarter than what Muhyiddin regime thinks. Besides growing public displeasure over the regime and the royalties, the Sultans know very well that the Royal Households are here to stay. But based on the political landscape, the government had changed in 22 months, and in the case of the current backdoor Perikatan Nasional government, it could be even sooner. – Finance Twitter