A Hidden Treasure Of The Federal Constitution

Studying the case of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor , I came across an Article of the Federal Constitution of Malaysia that attracts my attention.

The Article is Article 76, which explains about “the power of Parliament to legislate for states in certain cases”.

Clause 2 of Article 76 or Article 76(2) says:

(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.

Paragraph (a) of Clause (1),

Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say— for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member

This Article is interesting because it says that in matters related to the “Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak”, no laws shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.

Hence, I think that the Yang di-Pertuan Agong and the Sultans as the heads of states, have the rights to give the final says in the making of laws regarding these important matters and not the parliament.

This Article is precisely harmonious with Article 3 that says the Sultans are the Head of the religion of Islam in their respective states and Yang di-Pertuan Agong as the Head of the religion of Islam in that states without Sultan, and Article 153 where the Yang di-Pertuan Agong “shall exercise his functions under this Constitution and federal law in such manner as may be necessary  to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak”.

The human rights activists are lobbying the United Nations Human Rights Council (UNHRC) to force the government of Malaysia to sign and to fully ratify some treaties and conventions that are against the teaching of Islam, the State laws, the Federal Constitution and the National Principals of Malaysia such as Article 18 of ICCPR, Article 14 of CRC, SOGI, and ICERD.

Can the parliament enact new laws to nullify the State laws regarding the matter?

I think it is the States and not the parliament that have the power to enact new laws in order to ratify the conventions because the enforcement of Islamic law on Muslim citizens is decided independently by each state.

The judgments by the Federal Court in the case of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor and the case of Negeri Sembilan’s transgenders supported these facts.

 

Video Kak Wan Naik Train Ada Toll

PKR President, Datin Seri Wan Azizah Wan Ismail was interviewed by a reporter after the 2016 Budget at the Parliament last Friday.

In a video that was shared via social media, the reporter asked Wan Azizah in Malay if the free toll Pan Borneo is a way (for the government) to buy vote in Sarawak and to everyone’s surprise, Wan Azizah thought that Pan Borneo is something to do with train or railroad when it is actually a new highway in East Malaysia.

How can she, as the opposition leader does not know what is Pan Borneo when the highway is a big project?

And the opposition leaders think that she can lead our country better than PM Najib?

Now, that is even funnier 😀

 

BLACK 505: Photos Of Anwar Ibrahim Cheating Of His Supporters

When will the Malaysian opposition members and supporters be able to see how their leaders had cheated them?

They demonstrated in the hazardous haze and under the hot sun because their leader Anwar Ibrahim told them to do so in order to protest against the 13th General Election (GE) which Anwar claims was unfair.

The demonstrators demanded that their leaders should not take their oaths as MPs because they are not going to accept the GE’s results.

To fight for Anwar, they demonstrated …

They laid down on the road ..

Photo from Melanau Blogger

They hurt the police …

The police officer who was injured by the violent demonstrators.

And some of them were detained …

Black 505 demonstrators in a police truck. What will they feel if they see the below photos? (Photo credit to Dr MIM)

But do their leaders really care for them?

Now let us look at what their leader, Anwar Ibrahim did in the Parliament building; not far away from the demonstrators …

Against his supporters calls, Anwar Ibrahim took his oath, meaning he accepted the GE’s result.

Anwar Ibrahim taking his oath as an MP yesterday. (Photo credit to Dr MIM)

And not like his supporters who were fighting for him not far away in the hot sun, he was having a good time away from the haze and heat of the sun.

May be Anwar Ibrahim was telling PM Najib of how he had fooled his supporters outside the building. Photo credit to House PK.

Looking at this photo, do you think that Anwar Ibrahim is really unhappy about the 13th General Election result? Photo credit to House PK.

Anwar Ibrahim is really enjoying himself. Does he really care about his supporters who are risking their health and life fighting for him outside of the building?

I really cannot understand Anwar Ibrahim, he complained everything including PM Najib and the Speaker of the Parliament but look at in the photo below; does he really hate them?

Anwar Ibrahim is very happy. He had made fun of his supporters who are laying on the road, under the hot sun on a very hazy day. Poor them to be cheated by their leader. Photo credit to House PK.

What will they feel when they look at the photos?

BLACK 505: Photos Of Black 505 Demonstrators At The Parliament

Photo from AAKJ

BLACK 505 demonstrators walked to the Malaysian parliament this morning to stage another illegal demonstration over there, ahead of the swearing-in ceremony of Members of Parliament today.

Please read: BLACKOUT 505: Photos That Raises Lots Of Questions

BLACK 505 is organised by the Malaysian opposition parties.

They were led by a PKR leader Badrul Hisham Shaharin or Chegubard and Hariss Ibrahim.

Police personnel have refrained from any violence, apart from pushing those trying to break the barrier to the ground.

Anyway, the demonstrators tried to breach the barrier formed by police personnel in front of Parliament, resulting in scuffles with the police.

Blogger AAKJ reported that a police officer was injured when he was punched by the demonstrators.

The police officer who was injured by the violent demonstrators.

At least 25 of the demonstrators had been arrested.

From the photos, I can see that the demonstrators are Malay.

They should be ashamed of themselves because their actions are against the teaching of Islam and the Malay values.

They are not kids any more and they must stop behaving like spoilt kids who love to throw tantrums even in the public places.

There is no fool like an old fool!

Their action are against the Malay values. Photo credit to Melanau Blogger

They should be ashamed of themselves! Photo credit to Melanau Blogger

They must learn to behave like respectful adults. Photo credit to Melanau Blogger

Photo credit to Generasi Pejuang Bangsa

Opposition leaders should teach their supporters good values and good manners!

Say NO! to BLACK 505 and the Pakatan Rakyat!

Related Articles:

  Himpunan BLACKOUT 505: A “Peaceful Demonstration”?

  Black 505: Video Keganasan Di Padang Merbok

  BLACKOUT 505: Photos That Raises Lots Of Questions

Malaysian Parliament Is Now Dissolved

The Malaysian Parliament is dissolved today, April 3, 2013 at 11:30 a.m. just now.