1993 amendments to the Constitution of Malaysia
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The 1993 amendments to the Constitution of Malaysia was passed by the
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
n parliament with the aim of removing legal immunity of the royalty. The changes, which saw the amendments of Articles 32, 38, 42, 63, 72 and 181 in the
Constitution of Malaysia The Federal Constitution of Malaysia ( ms, Perlembagaan Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded ...
, was implemented in March 1993. Before the amendments were made, the Constitution granted rulers who have violated the law not to be prosecuted by the criminal court unless he voluntarily wishes to surrender his legal immunity. The amendments were made at a time when the Malaysian monarchy witnessed a deteriorating relationship with the Malaysian government. During the late-1980s and the early-1990s, a series of controversial incidents involving the rulers cropped up, many of which came into a conflict of interest with several politicians.Government and Society in Malaysia, Crouch, pg 146 After two separate assault incidents by the Sultan of Johor and his younger son which occurred in 1992, the government was prompted to take up the initiative to call for the removal of legal immunity. The rulers were extremely unhappy with the government's calls for the removal of legal immunity, and initially dissented with the government. The government used a two-pronged approach of persuasion and coercion to obtain the assent of the rulers for their rulers. The rulers gave their assent for the government's proposals to remove the legal immunity, which was later implemented in March 1993. By some interpretations, these events leading up to the constitutional amendments was considered to be a
constitutional crisis In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this ...
, given that the federal government, who needed the endorsement of the Sultans to implement the law, refused and subsequently led to a brief standoff between both sides. However, in most cases, the events leading up to the constitutional amendment was generally closely identified as a monarchy crisis rather than a constitutional crisis.


Background incidents


Gomez Incident

In later part of the year, two separate assault incidents involving members of the Johor royal family allegedly occurred– was aptly dubbed as the "Gomez Incident" by the media. The first one occurred on 10 July 1992, when the second son of the Sultan Iskandar, the Sultan of Johor, Tunku Abdul Majid, flayed a Perak hockey goalkeeper, Mohamed Jaafar shortly after a hockey championship match between Perak and Johor, supposedly having lost his temper when the Perak team won the match by a penalty stroke. The goalkeeper made a police report soon afterward which received attention from Parliament who pressured the
Malaysian Hockey Confederation The Malaysian Hockey Confederation (MHC; ms, Konfederasi Hoki Malaysia) is the national governing body for Malaysia men's national field hockey team, Malaysia women's national field hockey team, Malaysia national under-21 field hockey team, Mal ...
to issue Tunku Majid in October 1992, a ban of five years participation in any national hockey tournaments. The Sultan, enraged by the decision issued to his son, exerted pressure on the state education department to issue orders to school hockey teams in Johor to boycott participation in national tournaments. The decision upset Douglas Gomez, a hockey coach, who criticised the education department for destroying the leadership and called for the resignation of all key office bearers of the ''Johor Hockey Association''. The criticisms by Gomez made the Sultan angry, so he summoned Gomez to the palace on 30 November where he was reprimanded and beaten by the Sultan, in front of his dumbstruck bodyguards,''Islam Embedded: The Historical Development of the Pan-Malaysian Islamic Party PAS'', Noor, Noor, pg 495 members of the Johor Military Force (JMF). Gomez, who suffered injuries to his face and stomach, sought treatment at a private clinic the following day and subsequently filed a police report on 6 December, after receiving tacit support from Parliament. The government-backed media, on its part, was swift to report on the incident.


Governmental relations with the Sultan of Kelantan

The party leader of
Semangat 46 The Parti Melayu Semangat 46 or ''Spirit of 46 Malay Party (S46)'' is a now defunct Malaysian political party. The party was formed in 1988, and dissolved in 1996. It was formed by Tengku Razaleigh Hamzah's "Team B" faction of the United Malays ...
, Tengku Razaleigh Tengku Mohd Hamzah, was a member of the Kelantan royal family and was held by high-esteem by the Sultan of
Kelantan Kelantan (; Jawi: ; Kelantanese Malay: ''Klate'') is a state in Malaysia. The capital is Kota Bharu and royal seat is Kubang Kerian. The honorific name of the state is ''Darul Naim'' (Jawi: ; "The Blissful Abode"). Kelantan is located in th ...
,
Sultan Ismail Petra Sultan Ismail Petra ibni Almarhum Sultan Yahya Petra ( Jawi: ; 11 November 1949 – 28 September 2019) was the 28th Sultan of Kelantan who reigned from 30 March 1979 to 13 September 2010. He succeeded on the death of his father, Sultan Yahy ...
. Sultan Ismail Petra allegedly campaigned for Semangat 46 during the 1990 Malaysian general elections, which resulted in Semangat 46 as well as its then-coalition partner, the
Pan-Malaysian Islamic Party The Malaysian Islamic Party (PAS; ms, Parti Islam Se-Malaysia; ms, ڤرتي إسلام سمليسيا, label= Jawi, script=arab, italic=unset) is an Islamist political party in Malaysia. As the party focused on Islamic fundamentalism, PAS's ...
(PAS) wrestling over control of the Kelantan's state government from the
Barisan Nasional The National Front ( ms, Barisan Nasional; abbrev: BN) is a political coalition of Malaysia that was founded in 1973 as a coalition of centre-right and right-wing political parties. It is also the third largest political coalition with 30 ...
government. The Prime Minister of Malaysia, Mahathir Mohamad, expressed his unhappiness over the alleged royal support for Semangat 46, and was accused of violating the rule of political neutrality which was required by a constitutional monarch. In March 1992, customs officials revealed that Sultan Ismail Petra had owed the government RM$2.1 million in import duties after he had purchased a convoy of twenty
Lamborghini Diablo The Lamborghini Diablo is a high-performance mid-engine sports car built by Italian automobile manufacturer Lamborghini between 1990 and 2001. It is the first production Lamborghini capable of attaining a top speed in excess of . After the end ...
cars that were directly flown in from
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
. The Sultan firmly denied any wrongdoings on his part, and further issued a statement declaring support for the implementation of Islamic laws in the state by the PAS-led state government, which angered the BN-led federal government.


Parliamentary debates and resolutions

The press reports on Gomez plight widespread moral outrage within the Malaysian public. A special parliamentary session was held on 10 December 1992 which saw all 96 members of the Dewan Rakyat present to pass a unanimous resolution to curb the powers of the rulers if necessary. The subsequent parliamentary session on 27 December saw discussions to remove legal immunity which agitated Sultan Iskandar to hold a rally to oppose the government's actions, but was forced to cancel after intense government pressure.''Monarchy in South-East Asia: The Faces of Tradition in Transition'', Kershaw, pg 111 Members of the opposition party had a passive stance towards the government's proposals, particularly from
Semangat 46 The Parti Melayu Semangat 46 or ''Spirit of 46 Malay Party (S46)'' is a now defunct Malaysian political party. The party was formed in 1988, and dissolved in 1996. It was formed by Tengku Razaleigh Hamzah's "Team B" faction of the United Malays ...
. A ruler's session was held on 16 January 1993, the following year, which requested the government for additional time for consideration of the government's decision. After extensive negotiation, some rulers chose to refuse to endorse the proposed changes to the Federal Constitution, even after the offer for a special court to prosecute the rulers was proposed,"Amendments made to proposal to remove legal immunity: Six Rulers say 'yes'", ''New Straits Times'', 18 January 1993, pg 1, 2 claiming that the implementation of a special court would bring about difficulties in legal technicalities. The proposed amendments also came with the rule to allow commoners to criticise the Sultans, even the
Yang di-Pertuan Agong The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The o ...
without fear of the Sedition Act, with the exception of questioning the legitimacy of the monarchy of Malaysia."Malaysia Prepares To Strip Sultans Of Their Immunity"
Michael Richardson, 15 December 1992, '' International Herald Tribune''
In addition, the proposed amendments also sought to limit the power of the rulers to pardon offences of family members. Public criticisms of the rulers was also allowed by amendments to the Sedition Act, which makes it no longer an offence to criticise the royalty except to areas pertaining to their legitimate existence. Nevertheless, parliamentary sessions on subsequent days saw the Dewan Rakyat table the proposed amendments in spite of the Sultans' objections, citing as far to say that there was no need to obtain royal assent to implement laws. Back in 1983, the constitution had been amended so that a veto by the Agong can be over-ridden by a parliamentary vote.''Europa World Book 2'', Taylor and Francis Group, pg 2757 Shortly before the Dewan Rakyat concluded its session, 133 out of 180 MPs passed the proposed changes although members of the opposition parties abstained from voting, citing indifferences. The following day, Dewan Negara passed a unanimous resolution to approve of the proposed amendments. The three rulers, on the other hand, continued to withhold their consent to the amendments which saw the government threatening to withdraw the privileges and continued attacks via the national media on instances of royal excesses of their extravagant lifestyles and even hinting a possibility of ending constitutional monarchy in Malaysia, such as the publication of an article of monarchs who abdicated or were disposed since World War II. A compromise was reached with the Agong when the government offered a compromise which allowed the rulers to delay any legislation within sixty days, provided that the delays were given reasons. The previous proposals offered only a delay of fifteen days for any legislation that were to be raised in parliament. The Dewan Rakyat passed its implementation on 8 March 1993, while the Dewan Negara approved of its implementation on 30 March. A new chapter, Part XV of the Constitution entitled "Proceedings against the Yang di-Pertuan Agong and the Rulers" was also enshrined.


Media coverage

The government-backed media, on its part, launched a series of reports between 1992 and 1993 detailing alleged misdeeds by members of the royalty not only by the Johor royal family but also on other royal houses from other states, questioning their extravagant lifestyles and misuse of
moral authority Moral authority is authority premised on principles, or fundamental truths, which are independent of written, or positive, laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the princi ...
to gain alleged concessions. The Pahang royal family, in particular, was criticised for the way which they allegedly gained favourable timber forestry concession rates and the unusually high shares which they were accorded in the timber forestry industry. The views of the Islamic Religious leaders were also well publicised, who criticised the royal excesses and even went as far as placing members of the royalty as equal members with the commoners in the eyes of Allah. In
Kelantan Kelantan (; Jawi: ; Kelantanese Malay: ''Klate'') is a state in Malaysia. The capital is Kota Bharu and royal seat is Kubang Kerian. The honorific name of the state is ''Darul Naim'' (Jawi: ; "The Blissful Abode"). Kelantan is located in th ...
,
Sultan Ismail Petra Sultan Ismail Petra ibni Almarhum Sultan Yahya Petra ( Jawi: ; 11 November 1949 – 28 September 2019) was the 28th Sultan of Kelantan who reigned from 30 March 1979 to 13 September 2010. He succeeded on the death of his father, Sultan Yahy ...
was also heavily criticised for failing to pay import duty taxes after he purchased a convoy of imported Italian luxury sports car as well as alleged biased support for
Semangat 46 The Parti Melayu Semangat 46 or ''Spirit of 46 Malay Party (S46)'' is a now defunct Malaysian political party. The party was formed in 1988, and dissolved in 1996. It was formed by Tengku Razaleigh Hamzah's "Team B" faction of the United Malays ...
by Dr Mahathir, for violating the constitution which states that monarchs will have to take on a neutral role in political affairs. The leader of Semangat 46, Tengku Razaleigh Tengku Mohd Hamzah was a member of the Kelantan royal family.


Aftermath

Another further constitutional amendment in May 1994 allowed any law that has been passed by both the Dewan Rakyat and Dewan Negara to become law within 30 days, irrespective of whether the Agong had given his assent. The new legislation further reduced the veto power of the Agong — amended previously in 1983, which also sparked a constitutional crisis. The older bill stated that Rulers could withhold assent of a proposed amendment within 30 days once both houses of parliament pass a proposed amendment. The new constitutional amendment took some interesting twists following its amendments: In 1996, a
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
an filed to sue the
Sultan Ahmad Shah of Pahang Sultan Haji Ahmad Shah Al-Musta’in Billah ibni Almarhum Sultan Abu Bakar Ri’ayatuddin Al-Mu’azzam Shah ( Jawi: ; 24 October 1930 – 22 May 2019) was the fifth modern Sultan of Pahang, and also served as the seventh Yang di-Pertuan Agong ...
for defamation in the special court for the rulers, which was turned down by the Special Court, establishing the precedent that the right to sue a ruler only belongs to a Malaysian citizen. In 1998, then Tengku Idris (later Sultan Sharafuddin) of Selangor sued a company, Dikim Holdings in the High Court. In 1999, when his father,
Sultan Salahuddin Sultan Salahuddin Abdul Aziz Shah Al-Haj ibni Almarhum Sultan Hisamuddin Alam Shah Al-Haj ( Jawi: ; 8 March 1926 – 21 November 2001) was the 11th Yang di-Pertuan Agong of Malaysia and eighth Sultan of Selangor. Early life Born on at 3:30 pm. ...
was elected as the
Yang di-Pertuan Agong The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The o ...
(Paramount Ruler) of Malaysia, Tengku Idris was appointed as Regent of Selangor. The case was referred to the Federal Court on whether the Regent is considered a ruler, which the court replied in the negative. In 2001, Sultan Salahuddin died and Tengku Idris ascended the Selangor throne. The case was referred to the Federal Court again, which the court ruled that the High Court had lost jurisdiction over the case, and the case must be withdrawn and refiled in the Special Court. In both cases, only the Special Court had authority to exercise jurisdiction over the rulers, whether they were to be tried or intended to try another party. The
Yang di-Pertuan Besar In Malay, Yang di-Pertuan Besar, literally ''"He Who Is Made Chief Ruler"'', is a title given to the head of state in segments of the Malay Archipelago. In Malaysia # Also known as Yamtuan Besar, it is the title of the elected monarch of the st ...
of Negeri Sembilan, Tuanku Ja'afar became the first ruler to have judgement made against him in the Special Court, whereby he was ordered to settle US$1 million in debts he had owed to a bank. The landmark verdict prompted his oldest son, the Regent of Negeri Sembilan,
Tunku Naquiyuddin Tunku Naquiyuddin ibni Almarhum Tuanku Ja'afar is the eldest son of Tuanku Jaafar ibni Almarhum Tuanku Abdul Rahman, the Yang di-Pertuan Besar of Negeri Sembilan, who was also a former Yang di-Pertuan Agong (King) of Malaysia. He served as regen ...
to advocate the restoration of rulers' immunity during a speech in November 2008. This raised concerns among the public, in view of the history of past royal excesses, but specifically the Gomez incident. Tunku Naquiyuddin, however, added further that immunity to rulers should not be extended to cases when rulers commit acts of criminality, such as assault.


Notes


References

* ''Asia-Pacific Defence Reporter'', by Peter Isaacson, 1992 * ''Dictionary of the Modern Politics of South-East Asia'', Michael Leifer,
Taylor and Francis Taylor & Francis Group is an international company originating in England that publishes books and academic journals. Its parts include Taylor & Francis, Routledge, F1000 Research or Dovepress. It is a division of Informa plc, a United Ki ...
, 2001, * ''Europa World Year Book 2: Kazakhstan-Zimbabwe'',
Taylor and Francis Taylor & Francis Group is an international company originating in England that publishes books and academic journals. Its parts include Taylor & Francis, Routledge, F1000 Research or Dovepress. It is a division of Informa plc, a United Ki ...
Group, 2004, * ''Government and Society in Malaysia'', Harold A. Crouch,
Cornell University Press The Cornell University Press is the university press of Cornell University; currently housed in Sage House, the former residence of Henry William Sage. It was first established in 1869, making it the first university publishing enterprise in t ...
, 1996, * ''Handbook of Federal Countries, 2002: A Project of the Forum of Federations'', Ann L. Griffiths, Karl Nerenberg, Forum of Federations, McGill-Queen's University Press — MQUP, 2003 * ''Kerajaan mansuh kekebalan raja Melayu: semua parti politik sokong'', Mokhtar Petah, ART Media, 1993, * ''Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions'', Kanishka Jayasuriya, Routledge, 1999, * ''Legal Aspects of Doing Business in Asia and the Pacific'', Christian Campbell, 2006, * ''Islam Embedded: The Historical Development of the Pan-Malaysian Islamic Party PAS'', 1951–2003, Ahmad-Noor A. Noor, Farish Ahmad Noor, Malaysian Sociological Research Institute, 2004, * ''Islam in Malaysian Foreign Policy'', Shanti Nair, Institute of Southeast Asian Studies,
Routledge Routledge () is a British multinational publisher. It was founded in 1836 by George Routledge, and specialises in providing academic books, journals and online resources in the fields of the humanities, behavioural science, education, law ...
, 1997, * ''Mahathir, the Secret of the Malaysian Success'', by Hajrudin Somun, Lejla Somun-Krupalija, published by Pelanduk Publications, 2003, * ''Malaysian Politics Under Mahathir'', Robert Stephen Milne, Diane K. Mauzy, Routledge, 1999, * ''Monarchy in South-East Asia: The Faces of Tradition in Transition'', Roger Kershaw, Routledge, 2001, * ''Nature and Nation: Forests and Development in Peninsular Malaysia'', Jeyamalar Kathirithamby-Wells, Nordic Institute of Asian Studies,
NUS NUS or Nus may refer to: * National University of Singapore * Nus, a town in the Aosta Valley of Italy * Neglected and Underutilized Species, or Neglected and Underutilized Crops * National Union of Students (Australia) * National Union of Students ...
Press, 2005, * ''Personalized Politics: The Malaysian State Under Mahathir'', In-wŏn Hwang, Institute of Southeast Asian Studies, 2003, * ''The End of Empire and the Making of Malaya'', T. N. Harper,
Cambridge University Press Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by King Henry VIII in 1534, it is the oldest university press in the world. It is also the King's Printer. Cambridge University Pre ...
, 2001, *
Transitions in Malaysian society and politics: towards centralizing power
', in (''The Asia-Pacific: A Region in Transition'', Jim Rolfe, Honolulu, Hawaii: Asia Pacific Center for Security Studies, 2004), pp. 300–322 hapter 18 by Michael Leigh and Belinda Lip


External links


A BILL intituled: An Act to amend the Federal Constitution.
Dewan Rakyat, January 1993 * {{in lang, ms}
Pindaan-Pindaan YANG DICADANGKAN KEPADA RANG UNDANG-UNDANG PERLEMBAGAAN (PINDAAN) 1993
Dewan Rakyat, January 1993 Amendments to the Constitution Amendments to the Constitution of Malaysia Malaysian federal legislation