THE Malaysian Bar today warned against calls for the Federal Constitution to be amended to ensure that only Malay Muslims may be appointed as the prime minister of Malaysia, said its president Karen Cheah, adding it is also a disgrace to the memory of the founders of the country.
She said such a move would only serve to erode multi-culturalism in Malaysia by displacing other races as “second-class citizens” who are unfit to serve the nation.
“Multi-culturalism in Malaysia is not only a social reality, but a legal reality as well, being enshrined as a central pillar of our federal constitution.
“It is a reality that makes us Malaysians, which we all should always strive to strengthen and protect.
“Such calls, if not rejected, will invariably lead our nation down the slippery slope of ignominy and, if left unchecked, towards complete apartheid,” she said.
Cheah also expressed her perplexity and concern about suggestions that it is an “understanding” in the social contract among Malaysians that Malays are “expected” to always lead in politics.
She said the Malaysian Bar views such a short-sighted suggestion by certain quarters as far from the truth in terms of what Malaysia needs to enhance the rule of law.
“The social contract that binds all Malaysians is the recognition that all Malaysians are equal under the law — regardless of race, religion, descent, place of birth or gender.
“This is premised on Article 8 of the constitution which, as one of the fundamental liberties, has a special place as a central pillar of the constitution and forms the basic structure of our constitution.”
She said that there is nothing in the constitution that supports such calls to distinguish between races.
“Nothing in the constitution supports the notion that any one race stands supreme over others insofar as the appointment of the Malaysian prime minister is concerned.
“Any attempt to enact laws contrary to the constitution, including Article 8, should be struck down and deemed unconstitutional under the basic structure doctrine.”
In recent weeks, certain groups have called for the constitution to be amended to ensure that the post of the prime minister is only reserved for the Malay Muslim person.
This had come after DAP veteran Lim Kit Siang had said there was nothing in the constitution that barred non-Malay Muslims from being the prime minister. – December 27, 2023
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