NOV 26 — A member of Malaysia’s constitutional monarchy has urged that full immunity for the Malay Rulers from criminal and civil proceedings be reinstated, hoping perhaps to tap the spring of positive vibes towards the institution since the general elections in March.
The Regent of Negeri Sembilan, Tunku Naquiyuddin ibni Tuanku Jaafar said that if a Ruler exercised his duties in protecting the Federal Constitution in a fair and just manner, he should be protected as well.
“The full immunity from civil and criminal proceedings should be reconsidered so that he is on par with other constitutional monarchs around the world…Royal immunity has been lost for 15 years. It needs to be reclaimed and reinstated so that the constitutional monarchy can be restored to its full sovereignty so as to play a more fitting role in the 21st century as a guardian of the Federal Constitution,” he said when delivering a talk on the “The Role of the Constitutional Monarch in 21st Century Malaysia.”
He noted that immunity is essential for the Malay Rulers. “Take the situation where we have a hung Parliament, the Ruler comes in to decide on a Prime Minister from one side of a political party and imagine if the other side of the political party opposes it and takes the Ruler to court,” said Tunku Naquiyuddin, adding that the loss of immunity was a major setback for the monarchy.
His move to float this balloon is likely to be rebuffed by a number of stakeholders, including former Prime Minister Tun Dr Mahathir Mohamad. It was Tun Mahathir who led the charge against constitutional monarchy in the late 1980s and 1990s. Around 1992, the media exposed the excesses of the royalty and their extravagant lifestyle.
It so happened that a hockey coach was assaulted by a member of the Johor royalty. This unleashed a wave of public anger against the Rulers and culminated in Parliament, amending the Constitution and withdrawing royal immunity.
The personal immunity of Rulers was removed, except for the legal process relating to the performance of their duties.
Some Malaysians may question the timing of Tunku Naquiyuddin’s statement on reinstating the full immunity of the monarchy. His father, the Ruler of Negeri Sembilan was recently in the dock in a legal tussle with a bank.
A special court ruled that Tuanku Jaafar Tuanku Abdul Rahman had to pay Standard Chartered Bank nearly USD1 million to honour his commitment in a letter of credit over a business deal.
This was the first time the special court had heard a case involving a member of the royalty.
The Malay Rulers have been a pillar of strength and certainty since Election 2008 changed the political landscape and injected a degree of chaos in the system here.
Royals such as Raja Nazrin Shah of Perak and the Sultan of Selangor have become voices of moderation and progress and have attempted to keep politicians and overzealous civil servants in the check.
They and other members of the monarchy have also sought to make the Malay Rulers institution more relevant to these times.
But this is the first time that one of them has come out publicly seeking for immunity against criminal and civil prosecution to be reinstated.
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