Rulers’ call to refine security bill has implications for Najib, says law expert

The Conference of Rulers' view that some provisions in the National Security Council (NSC) Bill 2015 should be refined has wide political implications, which could be fatal for Datuk Seri Najib Razak, constitutional law expert Dr Abdul Aziz Bari said. He drew a parallel to the 1983 bill to amend the Federal Constitution that sought to by-pass the Yang di-Pertuan Agong and give the power to declare emergency to the prime minister. The bill was passed by both houses. He said the Agong, perhaps on the instruction of the Conference of Rulers, deferred the assent and a constitutional crisis ensued. "Almost the same thing is happening now. It appears that it is the royal institution that is most effective and beyond the control of the executive," he said in a comment on the statement issued by the Conference of Rulers yesterday that some provisions in the NSC Bill should be refined. The Conference said this after Attorney-General Tan Sri Mohamed Apandi Ali gave a briefing on the NSC Bill at the 240th meeting of the Conference of Rulers at Istana Negara. The Sultan of Selangor, as chairman of the meeting, will write to the prime minister on the matter, Keeper of the Rulers' Seal Datuk Seri Syed Danial Syed Ahmad said in a statement. The bill, which was passed by the Dewan Rakyat on December 3 and the Dewan Negara on December 22, provides special powers to the operations director and security forces to control and coordinate national security operations. Aziz said he had called on the Dewan Negara to defer approving the bill but as expected, it chose to toe the line. "And I don't think we can put any hope on the judiciary to declare the bill unconstitutional." Aziz said given the state of siege that Najib was in now, he felt that it was not safe for him to ignore the Rulers, especially after the Conference had also issued a strong statement on state investor 1Malaysia Development Berhad last October. "In short, what the rulers did was essentially political but it has put Najib in a tight spot. "He is now effectively being checkmated and any move, legal or political, may be fatal for him." Aziz said Najib had created adversaries and his party, unlike when former prime minister Tun Dr Mahathir Mahathir faced the Rulers in 1983 and 1993, was not united behind him. He said Najib might proceed with the passage of the bill but asked what if the Agong chose to refuse the assent. "For one thing, the provision, which allows the by-passing of the Agong inserted by Dr Mahathir through an amendment in 1994, seems to be illegal as it was not consented to by the rulers." In fact, he said Dr Mahathir made the amendment behind the Rulers' back. "In other words. to proceed with the NSC Bill may provoke a constitutional crisis. Najib cannot afford to add another enemy to an already long list of adversaries." Aziz also said to withdraw the bill, even though it was legal, was an admission of guilt. – February 18, 2016.]]>