Lawyers For Liberty (LFL) refers to reports that Prime Minister Anwar Ibrahim has filed an application to have questions to be referred to the Federal Court that “a sitting prime minister enjoys a qualified immunity from civil suits in respect of alleged private acts predating his appointment”.
This is allegedly because the civil suit would “impair the effective discharge of his executive functions and undermine the constitutional separation of powers”.
This application was filed in the ongoing civil suit in the High Court for sexual assault by Yusoff Rawther against PM Anwar.
The questions posed through the application are preposterous. They seek to declare that a sitting prime minister has immunity from civil suits – a concept that has no legal basis under the law.
The provisions cited in the application, which are Articles 39, 40 and 43 of the Federal Constitution, have no relevance or connection to this claim of immunity; these provisions only relate to the executive authority of the federation, that the king acts on advice and the formation of the cabinet.
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It does not accord any sitting prime minister with immunity, and any attempt to include this goes against established principles on interpretation of constitutional provisions.
In short, to suggest that in our country the prime minister has immunity from court actions by the public, is legal nonsense.
The fact that the alleged acts occurred before Anwar was appointed is of no relevance either.
If this was a factor, then it would deprive the legal rights of any persons to make a legitimate claim against any current or prospective prime minister, which is a clear breach of the equality principles espoused in Article 8 of the Federal Constitution, which states that “all persons are equal before the law”.
In fact, even the king can face civil and criminal cases under Article 183 of the Federal Constitution. It would be untenable and unacceptable for the PM to be given an immunity which the king does not possess.
In these circumstances, it is the legal duty of the attorney general to intervene in the civil suit and oppose the attempt to immunise the prime minister. The attorney general, as the guardian of the public interest, cannot ignore this matter and do nothing.
The fact that Anwar has filed this outlandish application should ring a loud alarm bell to all Malaysians as it is a backdoor attempt to introduce a concept of legal immunity to the prime minister, the leader of the executive branch, simply by virtue of his position.
This is not a concept that exists in any democratic country; it is a blatant violation of the rule of law and a flagrant feature of authoritarianism.
The PM has a legal and moral obligation to uphold the Federal Constitution, and as such he must not make any attempt to renounce or alter the fundamental principles enshrined within it. – LFL
Zaid Malek is the director of Lawyers For Liberty.
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