They say that it never rains, but it pours. This is exactly what is happening in Malaysia, which is in the throes of natural and man-made catastrophes.
The Covid-19 pandemic, which some say, originated from zoonotic transmission, while others contend that it was man-made, has caused much damage to our physical and mental well-being, and at the same time, exposing our strengths and weaknesses.
Compounding this health crisis, is the greed and avarice of those in authority, who are constantly scheming on how to remain in power, even at the expense of undermining the democratic rights of the people, and the principles of good governance.
They conveniently cite the Federal Constitution as the basis of their political actions. For example, the Executive engaged in a confrontation with the Legislature and the Palace asserts that it is totally guided by the tenets of the Constitution; that proroguing Parliament, and declaring a state of Emergency, are in accordance with the Constitution.
Even rescinding six Emergency ordinances without the consent of the Yang di-Pertuan Agong “conforms” with the constitutional stipulation that the King has “no choice” but to accede to the Cabinet’s advice.
From the outset, it would appear as though the Executive had set out to work around the Constitution and the Palace to serve their political agenda of remaining in power, using the Covid-19 pandemic as an excuse to undermine the Legislative branch of government, keep Parliament in limbo, and sitting only to fulfil the mandatory Parliamentary requirement.
The latest Dewan Rakyat special sitting that started on July 26, was marred by so many inconsistencies that ran counter to the practice of Parliamentary democracy.
The government, through the Speakers it appointed, imposed measures to deny the Opposition MPs their rights to debate, vote and demand accountability from the administration.
In Parliament, the law minister announced that the Cabinet had rescinded six Emergency ordinances. But the Agong himself revealed that he had not assented to the communique.
The special sitting ended prematurely, on the pretext of Covid-19 infections, with the final day of the sitting postponed indefinitely.
Parliamentary democracy in a constitutional monarchy functions optimally only if those in power respected the sanctity of the Constitution, which has a built-in check and balance with the separation of powers of the three arms of government – the Legislative, Executive, and the Judiciary.
In theory, each arm is independent of the other, and functions as per the regulatory measures stipulated in the Constitution and those enacted by the Legislature.
But in practice, the Executive encroaches onto the other two, through its appointment of the principal officers of the Legislature and the Judiciary. Further, the ruling Executive controls all the instruments of governance through their ministers and the top civil servants, whose appointments are sanctioned by the political masters.
There has to be a reform of the algorithm of instruments of governance to reflect the ethical and moral accountability of Parliamentary democracy within the context of a constitutional monarchy.
First and foremost, there is a dire need to limit the power of the prime minister, who currently holds sway over all that he surveys, so as to allay the temptations of malfeasance.
He should be accountable to Parliament for any actions that contravene the tenets of good governance.
Key appointments, such as the House Speakers and the Attorney-General, should be made by a Parliamentary caucus, and they are to be answerable to Parliament. The role of the Attorney-General as advisor to the government, and as a prosecutor, should be separated.
It is time that this protocol be instituted to free Parliament from the shackles of the Executives and elevate it to a sacrosanct institution that prioritises the well-being of the nation and her people, rather than those of the politicians.
This is the personal opinion of the writer and does not necessarily represent the views of Twentytwo13.
