Press Statement
Drop probe under draconian Sedition Act against Muhyiddin over criticism of the King’s exercise of constitutional power
21 August 2024
We refer to reports that former PM Tan Sri Muhyiddin Yassin is being investigated under the Sedition Act for a statement questioning the previous YDPA’s decision on the appointment of PM after the 2022 general elections, in which he was one of the two main contenders.
We condemn in the strongest term the usage of the Sedition Act against Muhyiddin. The role of the YDPA in exercising his powers under Article 43(2)(a) of the Federal Constitution is not one that is above scrutiny or public discussion; the provision clearly states that the YDPA must appoint a Prime Minister who is likely to command the confidence of the majority of the Dewan Rakyat. It thus follows that discussion of the YDPA’s determination of the confidence of the majority cannot be prohibited or curtailed.
In a democracy, the exercise of a constitutional duty or power cannot be beyond discussion or criticism. It must not be forgotten that the King is a constitutional monarch.
The PM and PH members of the cabinet and in the government should not condemn Muhyiddin for this nor should they permit the use of the draconian Sedition Act. PH leaders seem to have forgotten how they rallied behind the late Karpal Singh on his criminal charge under the Sedition Act for questioning the Sultan of Perak in determining a similar issue of the confidence of the then Perak Chief Minister, Nizar Jamaludin. To sing a different tune now that they are in power is to be blatantly unprincipled.
The PH-led government has now gone to the opposite extreme and forbids any scrutiny of the discharge of constitutional powers by the YDPA or Rulers. This is fundamentally contrary to democratic governance.
Irrespective of the truth of Muhyiddin’s claim, there can be no justification for the use of the Sedition Act. The role and duties of the YDPA are governed by the Federal Constitution and determination of compliance with the Constitution requires scrutiny of the YDPA’s actions. This can never be an offence, and neither is it ‘derhaka’ as claimed by some irresponsible politicians on the government side.
We urge the Unity Government leaders and especially those from PH to recall the lessons learnt during the Perak constitutional crisis by the late Karpal SIngh and repeal the Sedition Act as soon as possible. This archaic colonial-era law has no place in a constitutional, democratic nation. Where the rule of law prevails, no person or body can be beyond scrutiny.
Issued by:
Zaid Malek
Director
Lawyers for Liberty