Speakers' Corner: Occasional contributions from readers, which do not necessarily reflect the views of Sarawak Report but may be published at the discretion of the site.

A Fig For The Constitution

The Constitution is the fundamental law of Malaysia, governing its institutions, its actions and its very existence. To ignore or breach any of its provisions, as arch criminal Najib has done, is to say that it is without force, may be ignored or breached at will, or tampered with as a dictatorial regime wishes. In such circumstances the fundamental protections provided to the citizens by the Constitution can be set aside by any cheapjack fraudster masquerading as a Prime Minister.

The Constitution creates Courts and gives them powers. It also creates government positions and regulates the actions of the holders of those positions. One such is the Auditor General whose post is created by the Constitution; which also lays down that his Reports MUST be submitted to the Agong who MUST arrange for them to be laid before the Legislative Assembly.

In making the Report of the AG into the 1MDB scandals an “official secret” the Prime Minister acted against the Constituon and also either illegally witheld the Report from the Agong or in some manner prevented the Agong from fulfillig the duty laid on him by the Constitution.

What better proof could there be that Malaysia has descended to the condition of a gangster State controlled by a mega criminal and his purchased accomplices?  All those MLAs who acquiesce in this state of affairs are, by definition, criminals ignoring their duty prescribed by the Constitution.

As to the Agong? Did he receive the report as laid down by the Constitution?  If not why not? If so why did he not do what the Constitution orders him to do? (SHALL not MAY)  At the very least an explanation is called for: or a resignation. The latter is what must be done by someone who has legally imposed duties and ignores them.

This whole incident provides an opportunity. Firstly to Prime Minister Najib who must explain why he breached the Constitution by ordering the classification of the Report as a secret under the provisons of a domestic law, subordinate, as are all Malaysian laws, to the provisions of the Constitution.  If, as is certain, Najib remains silent then it is for the Agong to explain publicly the sequence of events or confirm that he was not brought into the matter as required by the Constitution.

Failing the above the Federal Court must be asked to rule that the Constitution has been flouted and order Najib to follow the law or face contempt sanctions.  Its compliance wth this or, more probably, its failure to comply, will lay to rest any doubts that it is staffed by Najib’s servants who will disregard any law, even the Constitution, when told to do so.

So now will arch criminal Najib comply with the fundamental law of Malaysa or, by ignoring it, declare that he has established a dictatorship and that the legislative and governing institutions established by the Constitution are abolished and that his word is the only law in Malaysia?

He has done this already in fact; now let us see if he has the courage and the chutzpah to do so openly

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