Umno and BN (Barisan Nasional) can remain with unity government decreed by Agong but, advised by former Prime Minister Najib Razak, contest in free for all in more than the 30 parliamentary seats conceded by Allies!
Commentary and Analysis . . . The rule of law, the basis of the Constitution, should be upheld on the plight of former Prime Minister Datuk Seri Najib Tun Razak, jailed unrepresented, on 23 August 2022. Unity government, or no unity government, poster boy, or no poster boy, there can be no two ways about it. Malaysia was governed by constitutional supremacy, not by parliamentary sovereignty as in unitary states without written/codified Constitution.
Malaysia, ironically, may not always be about the rule of law, as cautioned by Chief Justice Tun Richard Malanjum in farewell address in 2019. He was lamenting the lack of skills for law practice and the lack of court room skills. Malanjum, in his own words, may also have had issues with those who sat on the bench. The bench, like the legal fraternity, allegedly belaboured in the delusion that the letter of the law, by itself, was law.
In reality, it wasn’t possible for anyone to know law.
The jury may no longer be out on whether the unity government was hiding the Agong’s Decree on house arrest for Najib on the grounds that the matter wasn’t placed before the Pardons’ Board. In fact, it can be argued that the unity government led by Prime Minister Datuk Seri Anwar Ibrahim, stands exposed like the “Emperor with no clothes” and thereby tainted itself on the house arrest.
Najib
We await with bated breath lest Anwar does u-turn and redeems himself before 5 June. That was the date set by High Court Judge Amarjeet Singh for determining whether Najib merits Application for Leave for judicial review (JR) on house arrest. Najib filed the Application for JR as well on April 1. The judge, on 4 April, set April 17 as mention day when Najib lawyer Tan Sri Shafee Abdullah informed the court that he had “mystery witness” with Affidavit for the JR. More on the house arrest and related issues later.
Unity Government
The unity government will find GE16, in late 2027, patently “the mother and father of all losing battles” if it goes into the fight with the “incorrigible”, for want of better term, Anwar as Prime Minister.
Umno and BN (Barisan Nasional) can probably remain with unity government but contest more than the 30 parliamentary seats conceded by Allies. Umno should go for broke in GE16, win or lose, with Najib as Poster Boy. It’s unthinkable that Umno/BN contests only the 30 parliamentary seats it holds. If Umno leaves the unity government, there are no guarantees that Sabah and Sarawak will stay. They have 57 parliamentary seats between them.
No matter how the by-election in Kuala Kubu Baru (KKB) turns out on 11 May, it cannot be business as usual for the unity government on the way forward.
The Prime Minister no longer has any credibility on the Reform Agenda promoted by PKR (Parti Keadilan Rakyat) for 25 years.
He just kicked the can further down the road on reducing the bloated 1.8m civil service.
Instead, he announced unprecedented 13 per cent pay rise for the civil service. The money will further fuel inflation unless the government can manage the supply side of the economy. The government, so far, hasn’t done that despite the RM being mercilessly battered by the US$ in the forex market.
Article 153
Anwar’s credentials on the Reform Agenda were shattered the day that he publicly swore, not so long ago, that the government would defend the indefensible i.e. the redundant Article 153.
There’s case law on abuse of power. The Raja Azlan Shah and Asian Arbitration case laws refer.
In law, Article 8 in Malaysia, there can be no discrimination save as provided by law viz. sunset clause with expiry date.
The 15 year sunset clause in Article 153, set for expiry in 1972, was removed after 1969 for continued discrimination.
Article 4 should be amended so that redundant clauses are automatically removed without intervention of Parliament and/or the court of law.
The Constitution, Parliament, and the court of law — all colour-blind institutions — cannot get into “race”, religion, theology, DNA and geographical origin, among others.
Hamzah
Opposition parliamentary leader, Datuk Seri Hamzah Zainudin, has emerged amidst the disorientation, confusion and chaos in Putrajaya, as credible alternative, but not as head of the Perikatan Nasional (PN), perceived by non-Muslim in particular as anti multiracial.
Hamzah Zainudin Tipped As Prime Minister
Hamzah, for those unfamiliar, has track record as good leader. He put together the GRS (Gabungan Rakyat Sabah) which heads the Sabah government. He placed NRD (National Registration Dept) officers at polling stations in Sabah on 26 September 2020 and in late November during GE15. The PTI (pendatang tanpa izin or illegal immigrants) couldn’t vote. The PTI had allegedly been entered in the electoral rolls with fraudulent blue MyKad (citizen) based on fraudulent late registration local birth cert facilitated by fraudulent SD (Statutory Declaration).
Hamzah also has the support of GPS (Gabungan Parti Sarawak) which heads the Sarawak government. GPS, in various forms, has headed the Sarawak government since 1966.
Both GRS and GPS did not want Anwar as Prime Minister after GE15 in late November 2022. He, like dictatorial former Prime Minister Tun Mahathir Mohamad, has bad track record in the former British Borneo territories.
If DAP drops its opposition, after initiating Trial by Media in cahoots with Mahathir, Najib can head the unity government even before GE16 in late 2027. Otherwise, the unity government risks being too far from simple majority in GE16. In that case, Sabah and Sarawak would not support unity government headed by Anwar.
Sanctions
Besides, Anwar lost goodwill in Washington by supporting Hamas on the 7 October attacks last year and recent Iranian drone attacks on Israel.
Initially, individuals and companies in Malaysia risk being sanctioned for not going through legitimate charities in reaching the people in Palestine.
The sanctions would not be the first time. Otherwise, there’s no point in the US Treasury official visiting Malaysia. Anwar, despite his own words, may not be in the initial list. Eventually, he would probably be santioned not for the future, but past utterences in violation of international law.
Sanction simply means that Malaysia can’t use US$, the international reserve, even as cross trading currency for exchange rate purposes. The RM would become not even worth the paper it was printed on. The banks would stop creating RM8 in new money for every RM1 deposited.
The SWIFT and IBAN international banking codes, tracking money transfers, are controlled by the US which created them.
Malaysia can of course sell in India and China and accept rupees and yuan. These currencies can be used for imports from the two countries or investing there.
That’s what Russia does. Now, Russia will be using the rupees piled up from oil exports, but only for investment in India, if not for imports as well.
Domestic Politics
In the Israel-Hamas dispute, Malaysia can’t see it as having vote catching relevance in domestic politics. Anwar, based on the mathematics, cannot take away seats from PAS.
No one can say that the people in the Gaza Strip and West Bank, under international law, have no right for self-determination. It’s irrelevant that there’s no Palestinian language and that Palestine has never been nation-state throughout history and that Islam and the Arabic language came from outside.
Self-determination can come only after the sovereignty of the people have been restored. Small unelected group, allegedly found wanting on international donations, holds absolute power in the Gaza Strip and the West Bank. There has been no election since 2006 (presidential) and 2007 (legislative).
Najib In Jail
We resume on the plight of Najib in jail, unrepresented, since 23 August 2022.
The halving of Najib’s sentence and RM50m fine was raised but reportedly only by Agong during the Pardons’ Board meeting on 29 January 2024.
Pardons’ Board would never recommend sentence halving, fine reduction and house arrest.
Also, Najib’s Petition before the Pardons’ Board was premature. Again, he was jailed, albeit unrepresented, on 23 August 2022. The Petition could only have come before the Board, based on procedures arising from precedents, on 23 August 2026. The matter doesn’t involve halving of the jail sentence.
Najib would have been released, Pardon or no Pardon, on 23 August 2026 based on the full 12 year jail sentence.
Najib, based on the halving, merits remission i.e. one third off. He serves half the remaining sentence i.e. until 23 August THIS year.
Najib, house arrest or no house arrest, should be released on 23 August THIS year.
The Pardons’ Board letter, dated 29 January 2024, mentions no remission on the halving. That’s violation of Article 8 which states “no discrimination”, and Article 5 which states “right to life”. – NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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