Rukun Negara, Federal Constitution, and the politician
by Sidi Munan · Borneo Post OnlineTHE Rukun Negara is Malaysia’s national philosophy to foster unity among its diverse people.
It has five tenets: ‘Kepercayaan Kepada Tuhan’ (Belief in God), ‘Kesetiaan Kepada Raja dan Negara’ (Loyalty to King and Country), ‘Keluhuran Perlembagaan’ (Supremacy of the Constitution), ‘Kedaulatan Undang-Undang’ (Rule of Law), and ‘Kesopanan dan Kesusilaan’ (Courtesy and Morality).
The Constitution is a body of rules and practices that determine the composition of the government of a country.
The Federation of Malaysia has a written Constitution.
The politician in power is like a cog in the wheel. He or she is instrumental in making sure that the administration of affairs of the ruled is fair and equitable.
The formula for an administration’s success depends on how wisely the politicians behave.
Are they status-seekers, or are they statesmen?
The former will work for the next elections, while the latter cares for the future of the next generations.
All of the above principles are regarded as the fundamentals of good governance for an ideal society.
But there is no such society on earth. All of us – the rulers, and the ruled – have to interact with each other; like the cogs in the wheel.
Any country trying to devise a shortcut method of administering the country will run into difficulties, as Malaysia experienced not too long ago.
Remember the formation of the government through a device called ‘Tebuk Atap’, or ‘Masuk Pintu Belakang’?
A few years ago, our politicians in power did not behave like statesmen at all.
Once they were in power, they thought that they could do what they liked, putting their own personal interests first and the interests of the nation second, far behind.
In the scramble for power, the Malaysian legislators – having sworn to uphold the supremacy of the constitution – chose to swear on Statutory Declarations, instead of using the procedure provided for in the Federal Constitution.
The Constitution was sidelined by the very people who were sworn in Parliament to uphold it.
Malaysia truly ‘boleh’!
Let us not allow history to repeat itself.
Malaysians must insist on the use of the Constitution for the appointment of a Prime Minister after the results of a general election have been certified by the Election Commission (EC).
The leader of the political party that has won the majority of seats in Parliament has the right to form the government.
Keep tabs on the Rukun Negara and look upon it as a guidance in Malaysian-to-Malaysian interactions.
Sad to say, since the formation of the Unity Government two years ago, attempts at pulling that government down were the norm of the day.
Last week, I wrote in this column about the tendency to undermine the impartiality of the justice system.
I expressed my concern over the relentless political pressure on the government of Malaysia to accept the infamous addendum as showing positively the decision of the Pardons Board concerning Datuk Seri Najib Tun Razak’s sentence.
It should now be categorized as a ‘house arrest! They wanted the Datuk Seri to be treated as a ‘special prisoner’, not as a convicted felon serving his sentence.
Supporters of Umno, part and parcel of the current government, have threatened to part ways with the Unity Government if their campaign is not fully supported by the other partners in the coalition government; never mind the consequences – possible collapse of the ruling coalition.
A government is a political construct, and for that very reason its supporters think that their wishes ought to be obeyed.
In this case, they expect the prison authorities to toe the political line, bend the rules and the regulations, or else face the consequences of political victimisation.
Is anyone trying to tell me that Umno members and non-members are not aware of the fact that the prison authorities in Malaysia have no legal power to change the status of any prisoner to ‘house arrest’?
Should this government succumb to such political pressure, a new category of prisoners would be created for this country.
A victory for political interference in the penal system and the impartiality of the judiciary!
The judges would be at the mercy of the criminals. Crime pays if it is committed by a VIP, or a VVIP!
If the politicians really want this power, they should turn to the members of Parliament to initiate a Bill to amend the Penal Code, and give more authority to the Director of Prisons or the Minister of Home Affairs.
We’ll look like clowns in the eyes of the Commonwealth, or the world, but if we want change, we have to do it through proper constitutional means; not by howling in the streets.
This week came news of another attack on the judiciary – the decision by the Attorney General to drop the 47 charges via ‘No Further Action’ (NFA) against Datuk Seri Dr Ahmad Zahid Hamidi in the ‘Akal Budi’ case.
With the prima facie having been established, the case went to court, and the court ruled that the case was dismissed not amounting to acquittal in the legal sense.
The rule of law is that the opinion of the Attorney General is not law.
The next Attorney General may revisit the charges, and may decide to proceed with the prosecution.
The case was dismissed, but can be revisited if fresh evidence pops up and the next Attorney General, functioning as the Chief Prosecutor, decides to act.
In simple parlance, it does not mean that this particular case is closed forever. They can be resurrected.
Now a quick look at the other tenets of Rukun Negara.
• Belief in God
I think this particular tenet has been widely observed in Malaysia. The problem is everybody is expected to be pious, and that the whole country should be governed by theocrats. Not suitable for a federation like Malaysia – a nation of many races, not advisable until kingdom come.
The Federal Constitution provides for freedom of religion, but forbids the conversion of Muslims to another religion. Any breach would be against the rule of law of the constitution. No end of trouble.
• Loyalty to King and the Country
The time to test whether or not a citizen is loyal to his King and his Country is when that citizen is engaged actively in the defence of the sovereignty of his country.
• Courtesy and morality
I observe with horror how some Malaysians have the tendency to be rude to one another, using the mass media as a channel. This tenet of the Rukun Negara is not mentioned in the Federal Constitution, but it is closely related to the notion of defamation (hurting the reputation of another) and seditious tendency (crime against the state and the King).
The Federal Constitution has a close relationship with the national philosophy.
The rule of law is the kingpin.
I dare say that there is no incompatibility between the precepts of the Rukun Negara and those of the Constitution.
The problem is the crooked politician. The tenets of the Rukun Negara, as part of our Malaysian cultural life and the law of the constitution, have not been inculcated enough into Malaysian culture.