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Turning to Dr M again to curb royal interference

IF there is a peculiarity that provokes a rare bipartisan response, it is the monarchy's interference into state and Federal executive matters, or if a brethren's misbehaviour triggers a wide public outcry.

This explains why rival ideologues and demagogues, like former prime minister Tun Dr Mahathir Mohamad and former deputy prime minister Tun Musa Hitam, dived into the Johor Housing and Real Property Board Enactment flap almost in unison.

The precocious duo and other alarmed politicians and intellectuals from all sides of the political divide moved quickly to stave an unprecedented executive role for the sultan of Johor that had been deemed risky and intimidating.

Conversely, on a positive note, perhaps His Majesty should get embroiled more, if only to provoke these fighting foes into a meaningful national reconciliation path and not just talk endlessly about it.

Had the enactment passed with the original provisions, the sultan of Johor would have been empowered to hire and fire people, decide on salaries and authorise policy directions in an outfit burdened with far-reaching consequences on state housing and property deals.

And what about the rights of other sultans, who would then insist on taking a leaf from their brother ruler to impose respective executive enactments?

On the other hand, had the original enactment been allowed, the sultan of Johor would have been inadvertently exposed to scrutiny and criticism, opening a Pandora's Box of complex and complicated legal conundrums.

But here's the puzzle: why would the sultan of Johor, in the first place, be prominently positioned in this enactment? Why is there a need to specifically quote the ruler's appellation in its full implication?

The palace has denied ever demanding that the sultan's legal presence be invoked in the enactment, implying that it is all about the "over-initiative" of the Johor government.

But in defence of the Johor government, the menteri besar might have been pressured to turn a routine state law, which, by the way, was passed, endorsed and embraced as decent, into a royal undertaking. Why?

Dr Mahathir seemed to have the answer: lucrative land grab and sale, especially from future reclamation sites. Read his che.det blog.

While the disputable legal provision in the enactment was hastily revised, it didn't completely erase the sultan's quixotic role and that has constitutional experts and politicians of all divides hard-pressed, especially on the idea that a monarch cannot get involved in any venture that opens them up to civil disputes and litigation.

Yes, the sultan of Johor is to heed the advice and the recommendations of the menteri besar, but there's always a chance that this delicate balance of power could be ignored, spurring yet another menteri besar-royal house crisis.

On this aspect, the true story has not yet surfaced as to why there was this need to insert a royal presence in the enactment. The trigger, though, would have to be pulled when the menteri besar's maiden recommendation or advice suddenly blows up into a hot potato issue.

In times like these, we turn to the one person who has the ability to check monarchs: Dr Mahathir again.

We can thank him for ensuring that laws are gazetted regardless of a monarch's misgivings or disagreements, simply to reflect the democratic will of Parliament and, by that virtue, the people. If certain members of the royal palace misbehave, from refusing to pay their debts to committing grievous assaults, even murder, a Special Court can be convened to indict them.

We've lost count the times Dr Mahathir has had run-ins with the monarchy, from the time he was an up-and-coming maverick parliamentarian to a highly individualistic prime minister and to now, writing authoritatively in his immensely popular blog.

Thirty-one years on, from the time he was forced to officially alleviate the risks of royal interference in the so-called 1983 and 1993 constitutional crises, and, as of last week, Dr Mahathir is still the roadblock to aggressive pursuits of certain state palaces in wanting a whole lot more than their perquisite royal perks.

You can be sure that when certain monarchs, especially those with the fiery disposition and big personalities, deploy their daunting influence that, to a certain extent, intimidate their respective menteris besar to make it difficult for them to ignore, Dr Mahathir would be there to defuse the predicament.

His run-ins with the monarchy have been legendary, but as things stand now, things have not really changed much.

This might be the case in this Johor enactment flap, but you can trust that Dr Mahathir, while labouring with his causes with no power or authority to dispense but with mere missives, a gruelling lecture circuit and an influential intellect, will remain vigilant to preserve the sovereignty of Malaysia's constitutional monarchy.

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