The Formation of Malaysia-Chapter 4

8/20/2019 The Formation of Malaysia-Chapter 4

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THE FORMATION OFTHE FORMATION OF

MALAYSIAMALAYSIA


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The Idea of MalaysiaThe Idea of Malaysia

• The idea of unifying the countries in theregion with Malaya had been brought upby the South East Asian leaders and theBritish.

• The British Cabinet had discussed aboutthe issue in 18888 and subseuently !oreseriously in 1"#1 after the British

successfully controlled the nine Malaystates as well as Sarawa$ and BritishBorneo %Sabah&.


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• The rationale behind the proposal was the

desire to protect British interests.• At the local le'el( the idea of unification

had been 'oiced by )a'id Marshall who

suggested that Singapore unite withMalaya in 1"**.

• The idea of coalition was also sounded by+ha,ali Shafie and Tan Cheng -oc$.

• n 1"*"( -ee /uan 0ew said Singaporeand Malaya should oin together.


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• Tun$u Abdul 2ah!an had 'oiced the sa!e idea

as early as 1"**( during the 3M45 conference.• 6e in'ited Singapore to oin Malaya and obtain

independence.

• Si7 !onths later( the idea was de'eloped by

Tun$u when he stated his readiness to accept

not ust Singapore but also Sarawa$( Brunei and

British 4orth Borneo %Sabah&( after they had

obtained their independence and they should oin 'oluntarily.


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• 5n 9 May 1":1( at a dinner gathering forSouth East Asian ournalists in Singapore(Tun$u re'ealed his aspirations to for!Malaysia.

• Tun$u outlines clearly the benefits thatcould be ointly enoyed by all !e!bercountries.

• t was the first ti!e Tun$u presented theproposal with serious co!!it!ent and hewas also better prepared for it.


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• ;rior to that( Tun$u had se'eral !eetings

with i!portant leaders( including -ee /uan0ew %ebruary 1":1&.

• The idea of unification announced byTun$u Abdul 2ah!an at the !eeting withthe ;ress( was gi'en wide co'erage in theregional newspapers.


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• Co!!ents were !ade by both local and foreign

leaders.

• Tun$u hi!self continued to populari,e the

proposal at certain official functions.

• ?ithin a few !onths after Tun$u@s suggestion(neighbouring countries showed serious interests

and supported the idea of unification.

• Brunei( British 4orth Borneo %Sabah&( Sarawa$

and Singapore finally followed up with action.


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• >or al!ost two years( these countries

co!!unicated and consulted.• ;roble!s of e'ery $ind were encountered.

4onetheless( the spirit to unite pre'ailed.


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Factors for the Formation of MalaysiaFactors for the Formation of Malaysia

• The for!ation of Malaysia in'ol'ed a giganticchange.

• Conceptually( it loo$ed li$e a 'ery co!ple7 plan.

• Many groups were cautious and doubtful that it

would ta$e place.

• But the drea! beca!e a reality and Malaysia

as new nation was born( because the !oti'ation

was sufficient to sti!ulate the leaders and thepeople in the countries concerned.


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• These were the factors that contributed

towards the for!ation of Malaysia.1. Indeendence thro!"h !nification# a!ong

the fi'e potential !e!ber countries( only

Malaya was free fro! any outside power after

its independence on #1 August 1"*9.

The other four countries( Brunei( Sabah(

Sarawa$ and Singapore were still under British

rule and the entry into Malaysia would enablethe! to beco!e independent of the British

go'ern!ent.


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This could be e7pected as the British had hinted

their readiness to grant independence.The case of freedo! through unification was a

pri!ary factor for the future !e!ber countries.

This desire had been re'ealed e'en earlier onby all the !e!berstobe.


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$.%nderstandin" for de&eloment# Another

reason felt by all the future !e!ber countries

was the uestion of fostering regional

understanding and creating one united nation for

the progress of the country and the people.

The e7isting potential in any country would be!ore easily de'eloped under one strong central

ad!inistration.

/uala -u!pur( after fi'e years of independence

could use its e7perience as a !ultiracial country

to help de'elop the countries within Malaysia.


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'.Ethnic (alance and !nity# This factor was not

e!phasi,ed by Singapore but was i!portant tothe authorities in /uala -u!pur.

Tun$u really wanted a Malaysian federation( a

large union enco!passing Brunei( Sabah(

Sarawa$ and Singapore and not ust a union ofSingapore with Malaya( to ensure the

preser'ation of ethnic balance.

Maintaining a balance between nonBu!iputrasand Bu!iputras would ensure peace and

stability in the region.


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• Britain( too 'iewed this an i!portant

consideration.• Most of the leaders in the potential !e!ber

states also accepted the challenge of unifyingthe di'ersified cultural heritage which could be

!elted into one entity under a strong centralgo'ern!ent.


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• -anguage constituted the !ediu! and channel

for unity and the culti'ation of an identity andTun$u drew the general attention to the fact thatnonMalays in the states of Borneo could spea$the Malay language( which had been decided as

the national language in Malaya.


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). *ollecti&e fi"ht a"ainst comm!nism# The

co!!unist threat was a source of worry to !anyincluding the British. The potential !e!bers of

Malaysia were always e7posed to this danger.

Malaya was constantly e7posed to the

co!!unist threat e'en though the e!ergencythat lasted twel'e years because of the

co!!unist terrorists( was o'er.

Brunei was also facing the spread of

co!!unis! while Singapore was worried that

they !ight face the sa!e proble!.


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The British too( were concerned o'er the

proble! for the sa$e of British in'est!ent inSouth East Asia.

The tas$ of fighting co!!unis! would definitely

be greater for a country to do it alone.


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+.Economic cooeration# /uala -u!pur 'alued

highly regional cooperation in econo!ic !atters.This could be ad!inistered fro! a centre

following a pact a!ong the !e!ber states.

n this conte7t( each country had certainresources that could be de'eloped to the benefit

of both the country and the central go'ern!ent.


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n short( the econo!ic potential in a state could

be further de'elopedD Singapore@s internationaltrade( industry and touris!( Brunei@s oil

products( the forestry products of Sabah and

Sarawa$ and Malaya@s !ineral and agricultural

products.


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,. %nited in international relations# /uala

-u!pur wanted to reinforce the pact a!ong theregional countries so that they would not only be

stronger internally but also in the international

arena as well.

Ties between a country and other foreign nations

were still not wellregulated.

Thus( if the countries within the plan were to

unite under one go'ern!ent and politicalsyste!( their position as one new nation would

be stronger in the international arena.


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Tun$u !entioned this in his speech at the

press conference on 9 May 1":1.6e stressed on the plan for political and

econo!ic cooperation a!ong the

countries in Malaysia.The for!ation of Malaysia itself !ar$ed

the beginning of close cooperation a!ongeual partners with the achie'e!ent ofindependence by !e!ber countries as aco!!on goal.


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Reaction To-ards The IdeaReaction To-ards The Idea

1. Sin"aore• n Singapore( the Malaysian concept was

generally wellaccepted and e'erybody agreedto the for!ation of a new country and anew

go'ern!ent.• -ee /uan 0ew apparently was !ost interested.

• 6owe'er( there were certain parties inSingapore who were doubtful of Malaysia@stability.


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• nitially( the people of Singapore ga'e their full

support but political changes in Singapore inearly 1":1 changed the !ind of part of the

Singapore population.

•The ;eople@s Action ;arty %;A;& and the ;A;go'ern!ent under the leadership of -ee /uan

0ew( recei'ed opposition fro! the 3nited

;eople@s ;arty 3;;& which had bro$en away

fro! the ;A; and is a socialist party.


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• Their political ai! was to bring independence to

Singapore through so!e other way and using a

different ideology.

• The height of 3;; opposition was during the

6ong -i! constituency byelection in April 1":1.

• 5ng Eng +uan( the leader of the party(contested against the ;A; candidate and won

the lection.

• -ee /uan 0ew learnt a lesson for his party@s

defeat and began to understand better the

attitude of so!e of Chinese people.


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• This did not alter his interest to oin in the

for!ation of Malaysia.• Another incident in Singapore that threatened

the for!ation of Malaysia was the Anson by

election in


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$. r!nei

• The people of Brunei too did not unani!ouslyagree to Malaysia.

• Although a large section of the population were

for oining Malaysia( !any of the! preferred to

be independent on their own first.• nitially( Sultan 5!ar Ali Saifuddin hi!self was

'ery interested and considered Malaysia a good

idea.


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• 6owe'er( 6is 6ighness faced strong

opposition fro! A. M A,ahari( leader of;arti 2a$yat Brunei. %Brunei@s ;eople;arty&.

• A,ahari wanted to bring Brunei inoanother organi,ation by uniting the British4orth Borneo and Sarawa$ under thena!e of 4orth /ali!antan. 5pposition

fro! A,ahari led to a for! of ar!edrebellion that was finally defeated by theSultan with the help of the British.


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'. Sa(ah and Sara-a/

• n Sabah and Sarawa$( the reaction of thepeople was ost encouraging.

• They were aware that the country@s

participation in Malaysia would !ean theywould be free fro! British i!perialis!.

• They also belie'ed that the co!!unistthreat that was beco!ing !ore and !oreworrying wolud be !ore easily o'erco!eunder a new go'ern!ent.


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• The people were also aware that the population

structure would be different in the new country.• 4e'ertheless( they would contribute to the racial

balance in Malaysia.

• t cannot be denied that there was also an7iety.

• The people were worried about losing their

position because of Malayan do!ination.

• The nonMalays were afraid of being

discri!inated.


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• This feeling pre'ailed because it was

belie'ed that political power wouldconcentrate on /uala -u!pur.

• There were also uneasiness a!ong the onMalays o'er Malayan political do!ination.

• They fear that the status of their religion andlanguage would be threatened.

• The Chinese were afraid that they would be

flooded with econo!ic co!petition fro! theirChinese Singaporean counterparts.


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). Malaya

• n Malaya( the Malaysian concept was generallyaccepted but there were also people who

thought differently.

• n the early stages( that is before 1"*1( 3M45leaders often weighed the ad'antages and

disad'antages to Malaya and the Malays( if

united with Singapore through Malaysia.


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• 6owe'er( when the entry of Sabah and Sarawa$

was ta$en into account( the worry o'er Malayinterests especially in ter! of population

nu!bers di!inished.


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+. ritain

• The British accepted that the countries in theregion !erge and set up a new nation( e'en

though the change would !ean that the

countries under the protection of the British

would be handed bac$ to the people.

• The readiness of the British had so!ething to do

with protecting their in'est!ents too.


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Stes to-ards Formation of MalaysiaStes to-ards Formation of Malaysia

1.


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*. Aug 1": Cobbold Co!!ission ( to sur'ey

the opinions of the people in Sabah andSarawa$ %sur'ey was carried out in >ebApril1":

:. Aug 1": inter+o'ern!ent Co!!ittee( to

structure the for! of the new country includingthe constitution

9. Sep 1": Singapore referendu!( tocon'ince the people about citi,enship and

trade status


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8.


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r!nei0s ithdra-alr!nei0s ithdra-al

• The sultan of Brunei suddenly lost interest for hiscountry to oin Malaysia and Brunei did not

beco!e a !e!ber of Malaysia.

• Sultan 5!ar Ali Saifuddin@s action to cancel the

plan to oin Malaysia too$ !any by surprise. Thefailure to carry out the proposal to co!e together

and share within a new federation occurred

because of differences in opinion and reluctance

to co!pro!ise on the part of Brunei and /uala

-u!pur.


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• Brunei stressed openly that the three

funda!ental reasons for Brunei to oinMalaysia wereD

1. The speeding up of independence

. The strengthening of the wall of defense

against the co!!unist threat#. The pro'ision of help to the less de'eloped

parts

• 6owe'er( when it ca!e to the details of the

shape of the structure and the regulations( itwas not easy to co!e to an agree!ent on allthe !atters.


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• Brunei@s clai!s that were said to be the

conditions for oining touched the followingissuesD

1. The nu!ber of seats in ;arlia!ent

. The control on oil and !inerals

#. Monetary autono!y

F. Brunei@s earlier in'est!ents

*. Method of ta7ation

:. Authority in the area of education and welfare

9. Matters of religion


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8. Citi,enship

". The security of Brunei %which needs to beguaranteed&

1=. The position of the Sultan and the status ofBrunei within Malaysia

• So!e clai!s were easily agreed upon( otherswere accepted in principle.

• Three !atters re!ained unresol'edD

1. The position of the Sultan of Brunei within theCouncil of Malay rulers

. The status of Brunei within Malaysia


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#. The !atter of finance which focuses on the

issue of royalty fro! oil( in'ol'ing the for!ula

for pay!ent %a!ount( period and rate& and

official ter! for the said pay!ent.

• The issue were highly sensiti'e in nature as

they touched on Gproperty and status@.

O fE t l O iti f I d i d


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E2ternal Oosition from Indonesia andE2ternal Oosition from Indonesia and

3hiliines3hiliines

• Two countries( ndonesia and the;hilippines opposed the issue of Malaysia.

• The ;hilippines were against the for!ation

of Malaysia while ndonesia tried topre'ent its for!ation and i!!ediatelybeca!e hostile to Malaysia after the newcountry was established.

• n the ;hilippines( ;resident Macapagalclai!ed Sabah was originally a part of>ilipino territory.


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• The for!ation of Malaysia thus co!plicated his

efforts to clai! Sabah.• As an indication of his obection to the for!ationof Malaysia( Macapagal bro$e off diplo!atic tiesbetween the ;hilippines and Malaysia.

• ndonesia@s opposition to Malaysia was !oreserious.

• >ailing to influence Malaya( ;resident Su$arnolaunched a confrontation policy against Malayaon =


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• Su$arno@s grounds for opposing the

for!ation of Malaysia was because /uala-u!pur had ignored ndonesia in Malaya@s

plans to set up a new country( while

ndonesia was a neighbour and friend toMalaya. Su$arno was hurt.

• Su$arno also clai!ed Malaysia to be a

new $ind of political structure that wouldignore ndonesia@s interest and wea$en

the spirit of the Malay Archipelago.


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• 6istorians ga'e the analysis that Su$arno@s

confrontation action was because theestablishing of Malaysia in itself aborted

Su$arno@s sche!e to for! the greater

ndonesian e!pire.

• Su$arno was said to ha'e launched the

confrontation as a tactic to di'ert peopleHs

attention away fro! 'arious internal proble!s

which were afflicting ndonesia at that ti!e.


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• n 1":*( the ndonesian Co!!unist ;arty failed

in its endea'our to snatch power fro! ndonesiaand Su$arno was o'erthrown.

• Subseuently( +eneral Suharto too$ o'er the

power of go'ern!ent as the new ;resident.

• The new regi!e reassessed Su$arno@s

confrontation policy and then wor$ed hard to

restore peace.


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• The peace agree!ent was finally signed

between the two countries in August 1"::.


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Sin"aore4s Searation From MalaysiaSin"aore4s Searation From Malaysia

• Singapore@s interest to oin Malaysia did not last.

• Iarious internal e'ents occurred and affected

Singapore@s stand regarding her !e!bership in

Malaysia.

• About two years after Malaysia was for!ed( theMalays and Chinese in Malaya and Singapore

e7perienced dangerous polari,ation.


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• t was clear the polari,ation occurred between

Malay e7tre!ists in Malaya and Chinesee7tre!ists in SingaporeJ but it was threatening

!ore and !ore the relations and tolerance

between the Chinese and the Malays.

• The channel of dispute was the ;eople@s Action;arty %;A;& in Singapore and the Alliance in

Malaya.


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• The split in Singapore/uala -u!pur relations

arose initially in the first Malaysian generalelection in 1":F in which the ;A; was one of the!any contesting parties.

• Before the general election( -ee /uan 0ew and

so!e ;A; leaders belittled MCA( again andagain saying that the MCA leaders lac$ed thecaliber and were o'erfriendly with 3M45.


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• ?ords such as these offended not only the MCAleaders but also the 3M45 leaders includingTun$u Abdul 2ah!an ( who 'alued 'ery !uchthe understanding and good relations between3M45 and MCA.

• The attitude of -ee /uan 0ew and ;A; in

general was interpreted by MCA and 3M45 asa ;A; tactic for ta$ing o'er the role of the MCAin protecting the interests of the Chineseco!!unity.


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• The ;A;@s general election ca!paign clearly

!anifested that attitude. The ;A; call to theChinese to support the ;A; and to force the3M45 leaders to alter the social and econo!ictreat!ent in the city dwellers !ade 3M45leaders regard the act as a direct attac$ on the

Malay people and the special rights of theMalays.• The first Malaysian general election ca!paign

was an e'ent that brought seriousconseuences.


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• ?hile the Chinese were confused( the Malays

were generally suspicious of -ee /uan 0ew.• A large nu!ber of the! interpreted -ee@s action(

and in general( the ;A;@s action to create

hostility.

• 6ostile political feelings soon grew into negati'e

racial senti!ents. Alliance@s leaders regarded

;A;@s criticis! of the MCA as a wea$ party as

an atte!pt to destroy the good understandingwithin the Alliance. By


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• n fact( the tenses e7ploded into riots twice( on

1


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• >or the first !onth of 1":*( relations between

Singapore and /uala -u!pur were !ar$ed bydisputes with !ore and !ore leaders oining in

the conflict. 4obody !ade genuine effort to

i!pro'e the situation. nstead all leaders who

ca!e forward !erely did so to strengthen theirown struggle.

• 5n 9 April 1":*( Singapore announced a

con'ention to for! a 3nited 5pposition >ront

with the ai! to fight for euality of rights.


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• Subseuently( he started his Malaysian for

Malaysians ca!paign underlining that noco!!unity in Malaysia was !ore nati'e thanother co!!unities.

• The Malays considered the state!ent a direct

challenge to their status.• t was clear that the ;A;@s slogans heightened

the Chinese unity against the Malays.

• The situation grew increasingly critical after

3M45 e7tre!ists under


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• Meanwhile( MCA leaders began to e7press a

feeling of uneasiness o'er Singapore@sbeha'iour.

• Tan Siew Sin and T. 6. Tan were a!ong theMCA leaders who suggested that Singapore

brea$ away fro! Malaysia.• Efforts were !ade to find a solution. All atte!pts

failed because Singapore continued to !a$esituation worse.

• >inally on 9 August 1":*( -ee and Tun$u signedthe separation agree!ent.


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• 5n " August 1":*( ;arlia!ent passed the

Separation Act. ?ith that Singapore officially leftMalaysia.


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System of 5o&ernmentSystem of 5o&ernment

and Administrati&eand Administrati&eStr!ct!reStr!ct!re


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Searation of 3o-erSearation of 3o-er

•The >ederation of Malaysia practises asyste! of parlia!entary de!ocracy.

• There are three !ain bodies in the syste! the e7ecuti'e( legislati'e and udiciary.

• Theoretically( the powers of the threebodies do onto o'erlap and each has itsown role. This !eans there is no

interference between the bodies.• The ai! is to ensure the neutrality or

obecti'ity of each of the bodies.


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• Each body cannot influence the decision or

action ta$en by another body.• This concept is $nown as speciali,ation or

separation of power.


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The E2ec!ti&eThe E2ec!ti&e

• The e7ecuti'e body at the federal or state le'elhas the power to go'ern.

• t is responsible for carrying out the !atters ofgo'erning and ad!inistration and does not

in'ol'e itself in the !atters and affairs of the udiciary or legislature.

• This body has the role to i!ple!ent the lawsthat ha'e been passed by the legislati'e body

whether in ;arlia!ent %at the federal le'el& or inthe State -egislati'e Asse!bly %at the statele'el&.


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• The e7ecuti'e at the federal le'el is $nown as

the Cabinet and at the state le'el as the StateE7ecuti'e Council.

Th L i l i


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The Le"islati&eThe Le"islati&e

•The function of this body is to draw up( a!endand pass laws.

• The legislati'e body e7ists at two le'els. At thefederal le'el( the legislati'e body is the;arlia!ent( while at the state le'el( it is the State

-egislati'e Asse!bly.• Theoretically( there is no o'erlapping of powers

or interests between the two bodies but in theMalaysian conte7t( it is a little different.


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• The difference is e!bodied in the federal

constitution which per!its the Cabinet %thee7ecuti'e& to draw up( a!end and passthe laws on behalf of ;arlia!ent to beenforced by the !inister or another

e!powered party %e7ecuti'e officer&.• This !eans the power to draw up laws(

according to ;arlia!ent is entrusted and

delegated to the E7ecuti'e power.• Such a practice is $nown as delegated

legislation.


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• The sa!e situation occurs at the state le'el

where the State -egislati'e Asse!bly !a$eslaws within the gi'en urisdiction.

• The laws or regulations guide the e7ecuti'e at

both the federal and state le'els to ad!inister

and !anage the ruling of the country.• 6owe'er( the laws cannot be enforced until they

ha'e consent of the /ing %0ang di;ertuan

Agong& for the >ederation and the Sultan or

0ang )ipertua 4egeri for the state.


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The 6!diciaryThe 6!diciary

• To ensure that the e7ecuti'e does not abuse itspower by drawing up laws as and when itfancies( it is the responsibility of the udiciary to$eep watch( so that the laws do not against thepro'isions in the federal constitution itself.

• n other words( the udiciary can decide if thelaws are 'alid or cannot be enforced becausethey e7ceed the powers of urisdiction asspecified in the constitution.


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• The pri!ary role of the udiciary in this !atter is

to act as an institution that defends thesupre!acy of the constitution and sees to the

balance of power between the e7ecuti'e and

legislati'e.

• The ne7t function of the udiciary is to defend ustice.


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• t udges all offences co!!itted in the federation

and i!poses punish!ent that befit the offenceco!!itted( settles disputes between parties

whether it be between central and state

go'ern!ents( the two state go'ern!ents( the

public and the central or state go'ern!ent orbetween indi'iduals.

Ad i i t ti t th F d l L lAd i i t ti t th F d l L l


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Administration at the Federal Le&elAdministration at the Federal Le&el

The E2ec!ti&e

• According to the >ederal Constitution %Article#"&( the power of the e7ecuti'e at the le'el of thefederal go'ern!ent lies in the hands of the yangdi;ertuan Agong.

• This !eans that 6is 6ighness is the supre!ehead of the country( and 6is 6ighness hi!selfcan e7ercise the power to rule.


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• 6owe'er( the nor!al practice( as is also

specified in the constitution( is thee7ecuti'e power e7ercised by the Cabinetor by any !inister e!powered by theCabinet.

• ;arlia!ent( through the laws( can alsodelegate the i!ple!entation of thee7ecuti'e duties to other people( such as

the +eneral Elections Co!!ission( the;ublic Ser'ice Co!!ission( the!!igration and the Custo!s.


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• According to the constitution( 6is 6ighness(when carrying out his e7ecuti'e duties( has to

act on the ad'ice of the Cabinet or a !inister(who is acting under the general powers of theCabinet.

• This !eans that although 6is 6ighness is the

country@s supre!e head( he does not ha'e theabsolute power to act as he li$es.

• 6is 6ighness gets to a'oid being directlyin'ol'ed in the political !atters of the countryand the i!ple!entation of the country@sgo'ernance and ad!inistration.


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• nstead( 6is 6ighness has the right of access to

whate'er infor!ation regarding the go'ern!ent

of the federation fro! the Cabinet.

Y di 3 t A 8Y93A:Yan" di 3ert!an A"on" 8Y93A:


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Yan" di73ert!an A"on" 8Y93A: Yan" di73ert!an A"on" 8Y93A:

• The /ing is instituted through the >ederal

Constitution.

• As the country@s supre!e head( the /ing is

abo'e anyone in Malaysia and cannot becon'icted in any trial nor in whate'er court( for

any official duty as the chief e7ecuti'e.

• But( 6is 6ighness can be con'icted in a special

court.


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• This !eans that 0);A does not ha'e absolutei!!unity in the eyes of the law.

• This is the practice of ;arlia!entary Monarchy.• There are a nu!ber of things that 0);A cannot

do.• 6e is not allowed to continue his duties as the

ruler of his state nor hold any salaried position.• 6e cannot do businessJ neither recei'e any

e!olu!ent %pay!ent&.


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• 6e cannot lea'e federation for !ore than 1*

days at any one ti!e without the appro'al of theCouncil of 2ulers e7cept on official national!atters.

Selection • The 0);A is selected by rotation fro! a!ong

the Malay rulers of the nine states in thefederation.

• Election is based on certain procedures as!entioned in the constitution.


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• E'ery ruler( when his turn co!e( ualifies to be

chosen to beco!e the 0);A unless he is a stillteenager or he hi!self decides he does not wantto be chosen %though it is his turn to be /ing&.

• There can be other reasons tooJ any

shortco!ing on the part of 6is 6ighness such as!ental or health proble!( or if the !e!bers ofthe Council with the ballot support of at least fi'e!e!bers are con'inced that he is unfit to be/ing.


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• According to the rules( the !ost seniorsultan or ruler in the lineup is ualified forselection.

• Seniority is based on the length of ti!e theruler has been ruling the state( ta$ing into

account the period e'en beforeindependence.

• 5nly sultans and rulers ualify to be

selected to beco!e the 0);A and ha'ethe right to be no!inated.

• The position is for a period of fi'e years.


79/121

• Since independence( all the sultans and rulersfro! the nine states ha'e had their turn in the

first round.• The selection of 0);A has now gone into the

second round.

• The period of 0);A can be shortened. Apartfro! the decease of the 0);A( the period of fi'eyears can be shortened if 6is 6ighnesswithdraws fro! the position.

•6e can do this by writing to the Council of 2ulersbefore sub!itting it to the /eeper of the 2ulers@Seal to notify ;arlia!ent.


80/121

• The position of 0);A is not sacred in the

go'ern!ent of a !odern country li$e Malaysia.

• Any ruler can be dis!issed fro! the position if it

is thought fit by a group of people of the sa!e

status( that is the Council of 2ulers.

• The dis!issal of 0);A is carried out by !eansof a secret ballot %at least fi'e sultans or rulers

are reuired to support the dis!issal proposal in

the conference of the Council of 2ulers&.

The 3o-er of Y93AThe 3o-er of Y93A


81/121

The 3o-er of Y93AThe 3o-er of Y93A

• According to the constitution( the e7ecuti'e

powers of 0);A allow hi! to use hisdiscretionary powers in three !attersD

1. Appoint!ent of ;ri!e Minister

. 4ot to consent to the dissolution of ;arlia!ent

#. 2euest for a !eeting of the 2ulers@ Council to

be held( to discuss !atters pertaining to the

special right( status( honour and i!portance of

the rulers and other !atters( as stated in theconstitution.


82/121

• There are certain conditions for the

appoint!ent of ;ri!e MinisterD

1. 6is Maesty has to pic$ fro! a!ong the

!e!bers of the 6ouse of 2epresentati'es(

so!eone who! he belie'es will recei'e the

confidence of the !aority of the ;arlia!entary!e!bers.

. 4or!ally the !e!ber chosen is the political

leader who heads the party with the !aority in

the 6ouse of 2epresentati'es.


83/121

• This is i!portant to ensure there will be no 'ote

of confidence against the new go'ern!entfor!ed after the general election or after the

said leader withdraws for specific reasons.

• The tas$ of appointing Cabinet !inisters( deputy

!inisters.


84/121

• The 0);A is also the supre!e head of the

>ederation@s Ar!ed >orces.• This shows that the 0);A is an institutionprotected under the >ederal Constitution.

• 6owe'er( there are 'arious proceduresand !atters that 6is Maesty needs toobser'e when carrying out his e7ecuti'eduties so as not to go against the interests

of the ad!inistration( to protect not ust thestatus of the institution itself but also thehar!ony within the syste! of go'ern!ent.


85/121

The *o!ncil of R!lers

• Another federal institution protected by theconstitution is the Council of 2ulers.

• This institution was first set up with the

for!ation of the >ederation of Malaya in1"F8.

• t resulted fro! the Malay struggle againstthe idea of Malayan 3nion which ignored

the authority and so'ereignty of the rulersin !atters of Malay custo!s and religion.


86/121

Mem(ershi and Role

• The Council is represented by the2ulersKSultans of the nine states and also 0ang

)ipertua 4egeri %+o'ernor& of Malacca( ;enang(

Sabah and Sarawa$.

• +enerally( the council has two i!portant roles.

• The first is tied to the interests of the Malay

rulers and religion while the second in'ol'es the

ad!inistrati'e affairs of the country.


87/121

• All this is clearly specified in the constitution.

They areD1. Selection of the 0);A and )eputy 0);A

. Appro'es or disappro'es any act( practice or

religious cere!ony that in'ol'es the

>ederation as a whole

#. Appro'es or disappro'es any law and gi'e

ad'ice on whate'er appoint!ent that reuires

the appro'al of( or consultations with theCouncil of 2ulers

F. Appoints !e!bers of the Special Court


88/121

*.+rants pardon( postpones or co!!utes

sentences:.)eliberate !atters pertaining to national

policies %such as a!end!ents to thei!!igration policy& and all other !atters

dee!ed necessary• The first two roles can be classified as

roles to safeguard the interests and status

of the Malay rulers as !anifested by thecontinuation of the institution of the 0);Aitself.

The *onference of the *o!ncil of R!lersThe *onference of the *o!ncil of R!lers


89/121

The *onference of the *o!ncil of R!lersThe *onference of the *o!ncil of R!lers

• The conference is held three or four ti!es in a

year and each conference lasts three days.

• E'ery conference has its chairperson the ruler

who ran$s the highest in ter!s of seniority.

• This procedure is to gi'e all rulers a chance tochair the council.

• )uring the three days( 6is 6ighness is

chairperson for only the second and third day.


90/121

• The conference can be regarded as a foru! for

closed discussion a!ong the rulers( the federal

and the state go'ern!ent and for decision!a$ing in the interest of the nation.

• All proble!s are discussed a!ong the se'eral

parties that represent the interest of the partiesconcerned.


91/121

• The collecti'e decision ta$en in the conference

can be regarded as a oint effort between therulers and the federal go'ern!ent on the one

hand and the people on the other towards

creating an effecti'e national syste! of

ad!inistration and go'ern!ent.

Role of the *a(inetRole of the *a(inet


92/121

Role of the *a(inetRole of the *a(inet

• The pri!ary role of the cabinet including the

;ri!e Minister is to deter!ine the go'ern!ent@spolicies and to issue directi'es for their

i!ple!entation by the go'ern!ent

ad!inistrati'e !achinery at the federal and state

le'els( besides acting as ad'isory body to the

0);A.

• The !e!bers ha'e !eetings fro! ti!e to ti!e

to discuss !atters such as the i!ple!entationof the policies deter!ined( current proble!s

encountered by the go'ern!ent and the country.


93/121

• The actions and decisions ta$en by the cabinetare collecti'e or oint.

• E'ery cabinet !e!ber can be fran$ when gi'inghis 'iews on !atters discussed.

• But when a decision is ta$en( e'en though there

!ay be differences in ideology and opinion( acabinet !e!ber should accept or agree with thepolicy decided.

• 6e has to defend the decision because cabinet

!e!bers are ointly responsible for thego'ern!ent@s policies.


94/121

• f he fails to accept the decision of the !aority(

the si!plest alternati'e for hi! is to lea'e the

cabinet or resign fro! the go'ern!ent. 4or!ally

cabinet !eetings are held e'ery ?ednesday.

• Since it is an i!portant !eeting( all !atters

discussed are confidential and recorded. This isthe wor$ of cabinet@s secretary( that is the Chief

Secretary of the country.

The Le"islati&e odyThe Le"islati&e ody


95/121

The Le"islati&e odyThe Le"islati&e ody

• The co!ponents of ;arlia!ent are !ade up of

the 0ang di;ertuan Agong and both the

6ouses %Asse!blies& of ;arlia!entJ that is the

6ouse of 2epresentati'es and the Senate.

• The ;arlia!ent has the power to !a$e laws.• 6owe'er( 6is Maesty is not in'ol'ed in the

process of !a$ing laws. The sa!e goes for

the sultansKrulers or 0ang )ipertua 4egeri at

the state le'el.

3rocess of Ma/in" La-s3rocess of Ma/in" La-s


96/121

3rocess of Ma/in" La-s3rocess of Ma/in" La-s

• Before it is presented for the first( second and

third reading( the draft is put together and

outlined by the !inister after obtaining the 'iews

fro! the Attorney +eneral@s 5ffice.

• The purpose of this is to ensure that the draft islegally and technically in order.

• The draft is openly debated by the !e!bers of

the 6ouse of 2epresentati'es and forwarded to

the Senate to be e7a!ined and appro'ed before

its sub!ission to the 0);A for his appro'al.


97/121

• Before a law that is drawn up is accepted andapplied( it !ust be appro'ed by the 0ang di;ertuan Agong at the federal le'el.

• But if 6is Maesty does not agree with the lawthat has been drawn up on grounds of detailsor other legal aspects( then ;arlia!ent !ust

i!pro'e upon it before resub!itting it forappro'al.• Both houses !ust study the reasons for the

obection to the law and the ;arlia!entaryhouses will debate again and present it once!ore to 6is Maesty who will still appro'e itwithin thirty days fro! the date ofresub!ission.


98/121

• Before a law that is drawn up is accepted and

applied( it !ust be appro'ed by the 0ang di;ertuan Agong at the federal le'el or the

sultanKruler or 0ang )ipertua 4egeri at the

State( within thirty days fro! the date of

sub!ission.• But if 6is Maesty does not agree with the law

that has been drawn up on grounds of details

or other legal aspects( then ;arlia!ent of the

State -egislature !ust i!pro'e upon it beforeresub!itting it for appro'al.



99/121


• The basic role of this body is to defend

ustice for e'eryone regardless the status(

religion( colour etc.

• The body is able to create and !aintain

peace and the body has its guide( the

constitution itself.

• The courts ha'e four areas of urisdictionD

1. The power to interpret the constitution

. The power to interpret a law


100/121

#. The power to proclai! a written federal or

state law in'alidF. The power to declare a go'ern!ent action as

in'alid in the eyes of the law

• The courts are e!powered to declare a written

federal or state law in'alid ifD1. The law clashes with the constitution

. The law is outside the urisdiction of ;arlia!entor outside the urisdiction of the State

-egislati'e Asse!bly#. The state law contradicts the federal law

The 6!dicial SystemThe 6!dicial System


101/121

yy

• The udicial syste! in Malaysia can be di'ided

into # le'elsD the >ederal Court( the 6igh Courtand the -ower Courts.

• The >ederal Court %supre!e court& is headed bythe Chief


102/121

• Both these courts ha'e the sa!e power and

status and are headed by a Chief


103/121

• The difference between the two lies in the

type of cases e7a!ined and the finei!posed on the offenders if udged guilty.

• The ;enghulu Court is the lowest of the

courts in the udicial syste! in Malaysia.• t udges !inor cases at the 'illage le'el in

;eninsular Malaysia.

• There are also courts $nown as SpecialCourts .

Tyes of *o!rtsTyes of *o!rts


104/121

yy

1. Federal *o!rt

• )ecides on the 'alidity of laws !ade inparlia!ent or State legislati'e Asse!bly

• )ecides on disputes between >ederal

and State go'ern!ents or disputesbetween two states

• )eliberates on appeals of ci'il and

cri!inal cases fro! the 6igh Court• Ad'ises the 0ang di;ertuan Agong on

the constitution


105/121

$. Hi"h *o!rt

•6as the urisdiction to hear cases which carrythe death penalty

• 6as the urisdiction to hear ci'il cases such as

!atri!onial cases( ban$ruptcy and co!pany

cases( guardianship of disabled persons'. Sessions *o!rt

• The highest of the lower courts

• 6ears all cri!inal offences other than e7ceptthose punishable with death


106/121

• Can i!pose ail sentences( fine and whippingbefitting the offence co!!itted

• 6ears ci'il cases where the a!ount disputeddoes not e7ceed 2M*=(====

• 6ears ci'il cases on landlord and tenant

). Ma"istrate *o!rt• 6ears light cri!inal and ci'il cases where the!a7i!u! i!prison!ent does not e7ceed 1=years or are punishable by fine only

• 6ears clai!s for repay!ent of debts in the!onetary for!

• Can i!pose caning for cri!inal cases


107/121

+. 3en"h!l! *o!rt

• 6eaded by the ;enghulu or 6ead of the Mu$i!in the ;enghulu hall

• E7a!ines light cri!inal cases where the fine

does not e7ceed 2M*

• E7a!ines ci'il cases where the fine does not

e7ceed 2M*=

• Appeals against the court@s decision on cri!inal

and ci'il cases can be !ade in the >irst ClassMagistrate Court


108/121

,. 9istrict *o!rt

• 6eaded by )istrict 5fficer

• This court e7ists in Sabah and Sarawa$

• 6as the authority to decide a retrial

;.6!&enile *o!rt

• 6eaded by Session Court udge• 6ears offences co!!itted by a u'enile of less

than 18 years of age.

• 5ffenders cannot be sentenced but are sent torehabilitation centres such as the 6enry +urneySchool until 1


109/121


110/121

• Malaysia is a federation. As a federated nation( it

has two le'els of ad!inistration( the central

$nown as the federal go'ern!ent( and the state(

$nown as the state go'ern!ent

The E2ec!ti&e ody • The state e7ecuti'e body is responsible for

ruling the state.

• t consists of the 2ulerKSultan or 0ang )ipertua

4egeri and the State E7ecuti'e Council.


111/121

• The position of Sultan inherited since the

Malacca Sultanate is continued in the nineMalay states ;erlis( /edah( ;era$(Selangor( 4egeri Se!bilan( or Selangor( ;era$( /edah(


112/121

• 0ang )ipertuan Besar is the title for the

head of 4egeri Se!bilan while 2aa is for;erlis.

• >or other states without a ruler such asMalacca( ;enang( Sabah and Sarawa$(

the head is $nown as the 0ang )ipertua4egeri.

• The Sultan cannot be charged in any court

for charges of an official nature but can becharged for an offence of a personalnature in the 2oyalties Special Court.


113/121

• Sultan is the chief e7ecuti'e for his state

and his action to rule the state based onthe act on ad'ice principle( following the

ad'ice of the State E7ecuti'e Council

• 6owe'er( 6is 6ighness can !a$e decisionaccording to his discretionD

1.The appoint!ent of Menteri Besar

.The refusal to assent to the reuest fordissol'ing the State -egislati'e Asse!bly


114/121

#. The reuest for he 2uler Council to !eet todiscuss the special rights( position( supre!acyof the rulers etc

F. ?hate'er duty as head of the sla!ic religion

or Malay custo!s*. The appoint!ent of heir or ueen( the acting

ruler or Acting 2uler Council


115/121

State E2ec!ti&e *o!ncil

• The State Council rese!bles the Cabinetof Ministers at the federal le'el.

• This body is headed by Menteri Besar in

the Malay states with sultans( while forstates without sultans( it is the ChiefMinister who heads it.

• This council is responsible for for!ing

state policies( i!ple!ents the! and actsas ad'isor to the ruler.


116/121

The Le"islati&e ody

• This body is $nown as the State -egislati'e Asse!bly.

• t is si!ilar to the ;arlia!ent e7cept it has onehouse.

• The functions of this body is to listens( debatesand draws up the laws of the state.

• The !e!bers of this asse!bly are sultan( and anu!ber of State -egislati'e Council !e!bers.

• The !e!bers are chosen by the people throughgeneral election.


117/121

• Three other !e!bers appointed by the state

go'ern!entD the State Secretary( State -egal

ad'isor and State >inance 5fficer.

• 6owe'er( they are not in'ol'ed in drawing up the

law.

• This asse!bly is guided by the >ederalConstitution as the source of the country@s

highest laws in drawing up the laws.


118/121

• The urisdiction of the state legislature includes

the !atters of sla!ic laws( land( agriculture(forestry( local go'ern!ent( local ser'ice( state

go'ern!ent !achinery and state public holiday.

The Local 5o&ernmentThe Local 5o&ernment


119/121

• This body has the power to !a$e decisions

uic$ly and efficiently for the interests of thelocal people and the !e!bership co!prises

local people whether appointed or chosen.

• This body is $nown as the local go'ern!ent

• The local go'ern!ent was created to enable the

local inhabitants whether in the cities( towns or

districts to oin and ta$e part in !anaging their

own affairs and interests.


120/121

• t in'ol'es largely the wor$ of preparing

facilities and social ser'ices.• This co'ers the aspects of cleanliness(

beautification( recreation( business(construction and !aintenance of roadsand others that contribute towards thewellbeing of the local citi,ens.

• Basically( the role of this local go'ern!ent

is to enhance the uality of life of the localco!!unity.


121/121

• The body has the power for ha'e bylaws for the

purpose of i!posing ta7es( rents and charges

for other ser'ices used by the people.

• There are two $inds of local go'ern!entsJ the

town council in the !ain urban areas and district

council in the rural areas.

The Formation of Malaysia-Chapter 4

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Transcript of The Formation of Malaysia-Chapter 4