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PM seeks shield fit for a king
Third Reich, Your Honour
Shake-up at the top
PM seeks shield fit for a king
Anwar Ibrahim’s unprecedented push for immunity from civil lawsuits has ignited a fierce debate over its constitutional legitimacy. Leading legal experts have voiced doubts about whether the Federal Constitution actually shields sitting prime ministers from such legal challenges.
Several prominent lawyers tell Malaysiakini that, by and large, this kind of immunity does not extend to government officials.
“I think first and foremost, the concept that the prime minister of Malaysia has some form of legal immunity against civil suits or even criminal suits is something that the courts in Malaysia have not decided yet.
“In fact, the Federal Constitution only says that the Yang di-Pertuan Agong and state rulers have a certain degree of immunity. The Constitution does not bestow immunity to any other person, including the prime minister,” said Lim Wei Jiet.
“So I am not sure on which basis the prime minister’s lawyers are framing these questions of law to the Federal Court, relying on Articles 39, 40, and 43, because those articles don’t talk about immunity. They talk about the powers of the executives and the cabinet in general,” he added.
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Third Reich, Your Honour
Lawyer Shafee Abdullah draws a dramatic parallel between the ongoing royal addendum hearing for ex-premier Najib Abdul Razak and the dark days of Nazi-era rule, taking aim at the presiding judge over what he claims is a serious misstep.
“A judicial decision means you hear both parties. Since when do we do a Nazi-Germany kind of hearing? You must hear both parties,” he exclaimed.
This was related to the contempt of court proceedings launched by Najib’s legal team against former attorney-general Ahmad Terrirudin Salleh, over his actions in 2024, where he declined to reveal in court the existence of a royal addendum ordering Najib to serve the remainder of his six-year jail term under house arrest.
Shafee’s complaint is that the judge made a decision administratively without hearing both sides, which he argues is improper and unfair.
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Shake-up at the top
Following the resignations of PKR ministers Rafizi Ramli and Nik Nazmi Nik Ahmad, attention is squarely on Prime Minister Anwar Ibrahim - what will his next move be in the upcoming cabinet reshuffle?
Anwar stated that no discussions regarding a cabinet reshuffle have taken place and affirmed that such changes would not take place anytime soon.
Khairy Jamaluddin, who is rumoured to make a comeback, has since downplayed the speculation, saying he is preoccupied with other matters.
A reshuffle could additionally take place in Selangor, regardless of whether Menteri Besar Amirudin Shari moves to a federal post. The PKR election results are being cited to justify potential changes.
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Views that matter
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