THE days when Malay rulers’ commands must be obeyed at all costs are long gone, said G25, following the war of words between Putrajaya and the Johor royalty over the state’s menteri besar issue.

The civil group, comprising influential Malays, said royals, like all Malaysian citizens, are bound by the federal and state constitutions, and cannot act as they please.

“Make no mistake, in our country, only the federal constitution is supreme. The Agong, rulers, ministers and every citizen are bound by and must adhere to the federal constitution, as well as the applicable state constitution,” it said in a statement today.

“A ruler, being a constitutional monarch, has no power to remove a menteri besar, no matter how unhappy he is with either the performance or conduct of the menteri besar”, unless certain conditions are met, said the group.

It said Article 4(7) of the Johor charter states that the menteri besar does not hold office at the sultan’s pleasure, thus, it is unlawful and unconstitutional for the sultan to remove the menteri besar.

“He may remove the menteri besar only when he is satisfied that, via a motion tabled before the state assembly, the menteri besar no longer has the confidence and/or support of the majority of the assembly.”

On the question of whether a ruler has the prerogative to appoint a menteri besar, the group said: “If what is meant by ‘prerogative’ here is absolute power to appoint whomsoever the ruler desires, then the answer must be a firm ‘no’.”

It pointed to Article 4(2)(a) of the Johor charter, which states that the sultan is to appoint as the menteri besar “a member of the assembly who, in his judgment, is likely to command the confidence of the majority of the assembly”.

“Thus, the ruler must appoint as the menteri besar only a member of the state assembly who is likely to command the confidence of the majority of the assembly, and not any other person whom he likes.

“The days when the ‘titah’ (royal command) of a sultan must be obeyed, no matter what, are gone. We no longer live in a feudal society under a feudal raja.”

Last week, Johor’s Sultan Ibrahim Sultan Iskandar warned “certain quarters” not to interfere in the state’s affairs, after Prime Minister Dr Mahathir Mohamad said the power to appoint the menteri besar lies with the ruling party, and not the ruler.

Barely an hour after the sultan said he would decide who would become the next Johor menteri besar, following Osman Sapian’s resignation, Dr Mahathir said Malaysia is not an absolute monarchy.

“I am of the view that if we regard the selection of the prime minister and menteri besar as being done by the ruler, then we are no longer a democracy.”

Yesterday, Bukit Kepong assemblyman Dr Sahruddin Jamal was sworn in as the state’s 17th menteri besar.

“It is imperative to appreciate that under our federal constitution, every ruler of a state in Malaysia is a constitutional monarch, meaning that he exercises constitutional powers similar to those of the Queen under British constitutional law. In other words, he is not a despotic ruler who can act in any manner as he pleases,” said G25.

“Malaysia is a parliamentary democracy, and the role of the ruler must fit well with the spirit and practice of parliamentary democracy and the rule of law.” – April 15, 2019.