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Star
opposes
By: Tony Thien
Malaysiakini
Nov 30,
A state opposition leader has described the proposal by the Sarawak government
to amend the state constitution to enable the state assembly speaker to act as Yang
Di-Pertua Negeri or governor in the event the latter is unable to perform his
duties as “one which carries wide implications for Sarawak.”
“The proposed amendment (to the state constitution)
should be deferred if we seriously consider the long-term interests of
The speaker need not be acting head of state because
there are a lot of qualified retired government officers and respected
individuals in the society who can be appointed to the post as had been the
practice in the past, he argued.
Dr Patau, a former state assistant minister, said he would not want to
speculate on the motive behind such the proposal, but felt the reasons given
for it were ‘not good enough’ for
The amendment will be tabled at the State Legislative
Assembly sitting on Dec 7 and if and when approved will become effective on
Foregone conclusion
There has also been unconfirmed reports that the
term, ending next month, of the present head of state Tun Mohammad Salahuddin
has either been extended or to be extended by another two years.
The present speaker is Mohd Asfia Awang Nassar, a
lawyer by training and Chief Minister Abdul Taib Mahmud’s Parti Pesaka
Bumiputra Bersatu (PBB) state assemblyperson.
The passage of the bill is a foregone conclusion as
the state ruling coalition controls all but one of the 62 seats in the
assembly. The sole seat is held by DAP’s Chiew Chin Sing (Kidurong).
The proposed constitutional amendment is to give
powers to the King to make such an appointment. If the speaker is ‘unwilling or
unable’ to be appointed acting head of state, then the King will appoint
another person after consultation with the chief minister.
The Speaker’s post is normally held in rotation by
candidates nominated by the state Barisan Nasional parties. Before Mohd Asfia,
the post was held by Song Swee Guan of the Sarawak United People’s Party
(Supp).
One immediate public reaction is why the state government
is getting away from normal practice in advising the King to appoint an acting
head of state from among respectable and qualified persons.
“We are not short of such persons in our society,”
said Dr Patau.
Elaborating on his concerns, he explained that “once
it is approved and becomes effective, to be a speaker you must be Muslim
because, as stipulated in the constitution (as amended in the early 1970s), the
governor must be Muslim,” he commented.
“Could a non-Muslim become eligible then to be
speaker as he is also required to act as governor when the need arises?” he
asked. “Or if a Dayak were to be Speaker, does he have to be Muslim?”
Drifting further apart
Dr Patau, who is campaigning against erosion of
native rights, especially on native customary rights land, and corruption in
high places, claimed the move was getting further away from what he said were
the initial reasons for
“According to an unwritten agreement (between Dayak
and Muslim leaders just prior to the formation of
“(The late) Tun (Temenggong) Jugah (anak Barieng)
would not have agreed if there has been no such understanding,” Dr Patau
asserted, adding that “a great deal of persuasion” was needed to get one-third
of the people of Sarawak then who were in favour of the formation of Malaysia
but held certain reservations so that two-thirds would support Malaysia. The
remaining one-third were not in favour of
Hence, the 20-point Inter-Governmental Committee
Agreement, including the continued use of English and the special rights and
interests of
“It must be remembered the post of the head of state
is for everyone whereas the speaker is appointed by the party in power,
exclusively to safeguard the interests of the government in power,” Dr Patau
pointed out.
Official interference
The Star president also expressed concern over the
state government’s move to bring in a new legislation giving it the authority
to appoint community chiefs and headmen.
He said the move represented ‘official interference’
of what he called native rights to elect their own trusted leaders to safeguard
their rights to land, customs and traditions.
Dr Patau also said he hoped that it was not a
calculated move to further the business interests of some groups by getting rid
of any opposition at village level to any intended development in the local area.
“Now the politicians (want to) make the decision. The
appointment of ketua kaum is to be made on the recommendations of the Resident
or District Officer who is directly under the state secretary and the
politicians.”
He described traditionally-elected community chiefs
and headmen as “chief justices for their villages,” standing as “symbols for
local justice” as they were regarded as highly-respected individuals in their
respective areas.
Another move which has drawn flaks from the
opposition is a proposal to amend the state constitution to allow state
ministers and assistant ministers to take up non-executive positions in
companies and corporations in which the state government is a major
shareholder.
DAP’s Chiew described the move as ‘a bad one’ as it was unnecessary and that it
would not guarantee the office would not be subject to abuse, and that it would
go against Prime Minister Abdullah Ahmad Badawi’s drive against corruption.
“State-owned companies and corporations are best left
to full-time company directors and professionals to protect the interests of
the companies, the government and the state,” Chiew said.
Dr Patau feared that it would lead to a proliferation
of what he called “politics of patronage and money politics”.