13-Day Countdown to 13GE – Najib has unconstitutionally hijacked the powers of the Negri Sembilan Mentri Besar and even the Yang di Pertuan Besar on dissolution of State Assembly

The Prime Minister, Datuk Seri Najib Razak, has chalked up another dubious record in his political career – as for the second time, he has shown utter contempt for important, delicate and sensitive Federal-State relationships by trampling on the sanctity of State Constitutions in his utter disregard for the state’s autonomy, rights, powers and prerogatives entrenched in the State Constitutions.

The first time Najib violated the sanctity of a state constitution was in February 2009 when he orchestrated an undemocratic, illegal, unethical and unconstitutional grab for power in Perak and ousted the Perak Mentri Besar Datuk Seri Nizar Jamaluddin and the democratically-elected Pakatan Rakyat Perak executive council and government from office.

As a result, Najib’s recent signature of Transparency International-Malaysia’s Election Integrity Pledge is regarded as a political farce totally lacking in meaning and commitment, even in destroying in the process the credibility, authority and legitimacy of TI-M’s Election Integrity Pledge altogether.

The second time Najib had violated the sanctity of State Constitutions happened on Wednesday midnight when he forced the Negri Sembilan State Assembly to run out of time and which had to be dissolved automatically with the Negri Sembilan Yang di Pertuan Besar, Tuanku Muhriz Tuanku Munawir, the Mentri Besar Datuk Seri Mohamad Hasan and the Speaker, Datuk Razak Mansor completely in the dark on the issue.

It was reported in yesterday’s press that Mohamad had an audience with the Yang di Pertuan Besar of Negri Sembilan to explain the functions of a caretaker government with the “automatic dissolution” of the Negri Sembilan State Assembly on Wednesday midnight.

Was Mohamad able to explain to the Yang di Pertuan Besar why the Negri Sembilan State Assembly could not be dissolved before 27th March 20013, and had to be dissolved “automatically” with the lapse of five years after the first meeting of the 12th Negri Sembilan State Assembly on 27th March 2008?

Or was Mohamad completely in the dark on the issue, and all that he could inform the Yang di Pertuan Besar was that his role as Mentri Besar in Negri Sembilan as like the “blind leading the blind” vis-à-vis the people of Negri Sembilan, and he had no authority to dissolve the Negri Sembilan State Assembly as this power of the Negri Sembilan Mentri Besar had been unconstitutionally hijacked by the Prime Minister, and he had absolutely no idea when Datuk Seri Najib Razak is going to dissolve Parliament?

Did the Prime Minister forbid the Negri Sembilan Mentri Besar from carrying out of his most important duty – to decide on when to seek the consent of the Yang di Pertuan Besar for the dissolution of the State Assembly, and if this power had been hijacked by the Prime Minister, what is the constitutional basis and justification for this illegal and unconstitutional hijacking?

In fact, it can be argued that in forcing the Negri Sembilan to be dissolved “automatically” on Wednesday midnight, Najib has not only unconstitutionally hijacked the powers of the Negri Sembilan Mentri Besar but even the powers and prerogatives of the Yang di Pertuan Besar of Negri Sembilan.

Before Najib violates the constitution of another state in like manner, let him explain the proper basis and justification for hijacking this constitutional power of the respective Mentri Besar and the prerogatives of the State rulers.

After Negri Sembilan, there are another four BN-State Governments heading for “automatic dissolution” if Parliament is to automatically dissolved first on 29th April 2013, viz: Johor and Malacca on 21st April, Perak on 25th April and Perlis on 28th April.

Are the Mentris Besar of Johor, Perak and Perlis and the Chief Minister of Malacca to emulate the role of Hassan in Negri Sembilan as the “blind (Mentri Besar/Chief Minister) leading the blind (people)” in their respective states, for the decision not only when to dissolve Parliament but the various BN State Governments is exclusively in the hands of the Prime Minister?

This is a shameful, deplorable and retrograde development of healthy and proper Federal/State relations and a Pakatan Rakyat federal government is committed to reversing the authoritarian trend of centralisation of state powers, rights, responsibilities and prerogatives as in ensuring that State Governments have adequate funds and powers to carry out socio-economic developments in the respective states.

The Pakatan Rakyat state governments of Selangor, Kelantan, Penang and Kedah should not be placed in a position of being just “the blind leading the blind”, all depending on the decision of the Prime Minister with regard to dissolution of State Assemblies, as this is a important decision which should engage the serious and conscious deliberation of the Mentri Besar or Chief Minister concerned.