Rulers can't do much despite MACC plea, say constitutional lawyers


The Malaysian Insight

THE Conference of Rulers could not have done much along constitutional lines over allegations that RM2.6 billion was deposited into former prime minister Najib Razak’s account, said lawyers.

Malaysian Anti-Corruption Commission chief Mohd Shukri Abdull earlier said the agency had sought the help of rulers after the Najib administration disbanded its 1Malaysia Development Bhd investigative team.

Lawyers, however, said in a constitutional monarchy, rulers’ powers are limited to reserve powers or ceremonial duties.

“I do not think that there is anything the Majlis Raja-Raja (Conference of Rulers) could have done in the circumstances. They could, at best, issue a statement, which I think they did,” said constitutional lawyer Syahredzan Johan.

In an emotional press conference at the MACC headquarters in Putrajaya today, Shukri said after the commission’s efforts to investigate the 1MDB scandal failed, he had sought the help of rulers, but was “rebuffed twice”.

Constitutional lawyer Abraham Au said rulers have no power under the constitution to instruct that investigations be reopened, and that “at most, they can give advice, which is not binding”.

Malaysian Bar constitutional law committee deputy chairman Lim Wei Jiet said the best that rulers could do under such “extraordinary circumstances” would be to help increase public pressure by making a stand.

“They can’t do anything constitutionally and legally. But in a constitutional monarchy, it is conventionally expected that the rulers would advise the government of the day on what to do and not to do. Of course, such advice cannot be binding.

“They shouldn’t issue a statement because we don’t want to be ruled or dictated by sultans. But then, these are extraordinary circumstances, and I think the royalty could have spoken out publicly.” – May 22, 2018.


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