The Attorney-General, Tan Sri Abu Talib, cannot keep silent on the issue as to whether the Special Court for the Rulers under the 1993 Constitution Amendment Bill could adjudicate the Kelantan throne issue as well as other state throne claims

by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, in Fetaling Jaya on Monday, March 1993:

The Attorney-General, Tan Sri Abu Talib, cannot keep silent on the issue as to whether the Special Court for the Rulers under the 1993 Constitution Amendment Bill could adjudicate the Kelantan throne issue as well as other state throne claims

The Attorney-General, Tan Sri Abu Talib Othan, cannot keep silent on the issue as to whether the Special Court forthe Rulers under the 1993 Constitution Amendment Bill could adjudicate the Kelantan throne issue as well as other state throne claims.

Last Friday, the Prime Minister, Datuk Seri Dr. Mahathir Mohamad, made the surprising claim in Kota Bahru that the Kelantan throne issue could be adjudicated by the Special Court for the Rulers under the 1993 Constitution Amendment Bill.

This is most shocking because it had never been the intention for the Special Court for the Rulers under the 1993 Constitution Amendment Bill to adjudicate any state throne issue and override the State Constitutions on succession to the throne.

This is an issue which directly affect the Attorney-General, Tan Sri Abu Talib Othman, for four reasons and why he must immediately and publicly declare his position¬.

Firstly, he was virtually the Federal Government representative in the discussions with the Rulers at the Conference of Rulers on February 10 and 11 which resulted in the Conference of Rulers – with the exception of Sultan of Kelantan – giving its consent to the 1993 Constitution Amendment Bill with modifications.

Tan Sri Abu Talib should explicitly state whether in his explanations and clarifications to the Rulers on the 1993 Constitution Amendment Bill and the modifications, he had explained that the Special Court for Rulers would be able to adjudicate issues affecting claims to the throne for any state, and whether the Conference of Rulers had specifically agreed to it.

Secondly, under the 1993 Constitution Amendment Bill which had been passed by both Houses of Parliament for the second time on March 8 – l0, and which has been sent to the Yang di Pertuan Agong on March 16 for his assent, it is clearly provided under the new Article 183 that “no action, civil or criminal, shall be instituted against the Yang di Pertuan Agong or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity ¬except with the consent of the Attorney-General personally.”

This means that the Attorney-General and not the Prime Minister must now decide whether the Special Court for Rulers can adjudicate the Kelantan throne issue as well as other throne disputes in other states.

It is established law that in exercising his discretion in such a case, the Attorney-General cannot take directives from the Prime Minister or any other political authority or he would he abusing his powers of discretion as Attorney-General and would have acted illegally and unconstitutionally.

Thirdly, when both Houses of Parliament passed the 1993 Constitution Amendment Bill for the second time on March 8 – 10, there was clearly no intention to set up a Special Court, for Rulers to adjudicate on state throne disputes, with the power to dethrone Rulers and instal new Sultans.

The UMNO MP for Arau Shahidan Kassim said yesterday that the Special Court for Rulers should be given the power to adjudicate grouses against any ruling made by State Succession Councils. This is a concession that under the 1993 Constitution Amendment Bill, the Special Court for Rulers has no such power to adjudicate on claims to the throne in the various states.

Any such provision, which would revolutionise the question of succession to the thrones in the various states, placing all such questions in the hands of the Special Court for Rulers, should be introduced openly and publicly, and not smuggled into the 1993 Constitution Amendment Bill without the knowledge of Ministers, MPs or even the Conference of Rulers.

Fourthly, it is in the public interest that the Attorney¬-General should state publicly and without any more delay his stand as to whether the Special Court for Rulers can adjudicate the Kelantan throne issue as well as other claims to the throne in other states, so that there is certainty on the matter.