Written by: Averroes
(1.0) Introduction
During the 14th General Elections on 9th May 2018, Mohamed Azwan bin Haji Ali participated and contested to be a member of parliament as a ‘free candidate’ without representing any political parties or affiliations.
Among all the logos of glasses, ships, airplane, tractors, an elephant caught his attention.
It is interesting to note, that despite his fame and celebrity outlook, he received a bachelors degree in law from the University of Malaya. While Diva AA was campaigning, his strategies to garner votes were to distribute 50,000 rendang to the people living in the constituency.
However, the question right now is, could Azwan Ali and other celebrities in Malaysia or influencers on Instagram, TikTok and among others, could be appointed as Ministers or Deputy Ministers without even going for a general elections?
(2.0) Provisions and Case Laws
(2.1) Kerajaan Malaysia v Shimizu Corp & Ors [2018] MLJU 169;
The issue was regarding the a construction of a contract that would ordinarily permit an unpaid party to proceed with the adjudication payment for works under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) which includes the government in the construction contract.
However, the Construction Industry Payment and Adjudication (Exemption) Order 2014 (Exemption Order) allows exemption from the whole CIPAA when the government is a party to the contract that relates to “national security” or security related facilities, construction of military and police facilities, military bases and camps, prison and detention camps, power plant and water treatment plant.
However, the Exemption Order had to be from a person who is ‘authorised person’ under a legitimate source of executive power to declare the Contract exempted, due to “national security”.
There are an abundant of laws to determine who has the legitimate power as the court referred to article 39 of the Federal Constitution (Constitution) that made it clear, that an executive authority of the Federation has power is “subject to the provisions of any federal law and of the Second Schedule.”
From this provision, it also recognises the executive authority is exercised by the Cabinet, a Minister authorised by Cabinet or persons authorised by a law passed by Parliament. There are three ways a person is appointed as Minister or particular person authorised by law to exercise a specific facet of executive power.
Firstly, a Minister’s authority to exercise power is vested under a Gazette notification of section 2 of the Ministerial Functions Act 1969.
Secondly, a person who is not a Minister or Deputy Minister can be delegated executive authority under any written law by the YDPA or Minister by Gazette notification of sections 3 and 5 of the Delegation of Powers Act 1956.
Thirdly, a Minister or other person may be given express powers to perform an executive function by a particular statute.
Based on the case, under the CIPAA the Minister responsible is the Minister of Works to but, he was not given executive authority on national security by statute or by a gazetted delegation under both the Ministerial Functions Act 1969 or the Delegation of Powers Act 1956.
The power of national security was actually under the Prime Minister pursuant to the Ministers of the Federal Government (No. 2) Order 2013 (PU (A) 184/2013) issued under the Ministerial Functions Act 1969.
The Home Minister’s power is only confined to executive authority on internal security and to make declarations in respect of protected places and areas under the Protected Areas and Protected Places Act 1959 and protection of government official secrets only. Overall, the exemption was not validly made.
(2.2) Dato' Seri Anwar bin Ibrahim v Perdana Menteri Malaysia & Anor [2010] 3 MLJ 174;
In order to appoint and remove a Minister in a Cabinet, the YDPA has limited powers to appoint and remove them as the actual power to do so resides in the Prime Minister’s “choice of candidates”.
It is only a mere formality for YDPA to appoint and dismiss as under article 43(5) of the Federal Constitution and follows the Prime Ministers advice, Cabinet or Minister under Cabinet as in article 40(1) of the Constitution and in Merdeka University Berhad v Government of Malaysia [1981] 2 MLJ 356 (at p 358).
The Order is a gazette, in a form of subsidiary legislation, a written law under made by the YDPA by virtue of section 2 of the Ministerial Functions Act 1969. The Order or gazette is proof that the appointment was made and could also be revoked by the said Order. The provision und sub-section (1) allows the YDPA to notify any changes to the functions and responsibility of Cabinet.
That Order was duly gazetted under PU (A) 332 (see exh AHA-1 at pp 90–93 of the AR, which deleted his name from the column of persons in the Prime Minister’s Department and substituted his post with the Minister of Finance.
This is also proof in the Hansard dated 23 October 1998 at pp 85–88 of the AR. The YDPA was also informed and accepted the decision revocation. It is noteworthy there is no format to revoke or any law for it, or that notice of revocation is to be conveyed to the YDPA. As long as his majesty was informed or notified about the revocation by the Prime Minister, that is already an assent.
(2.3) Arumugam a/l Kalimuthu v Menteri Keselamatan Dalam Negeri & Ors [2013] MLJU 587
The position of Deputy Prime Minister is expressly provided under article 43A(2) of the Federal Constitution that they would be assisting the Ministers in the functions and duties and that they have all the powers of the Minister. However, under clause (1), they have to be from either House of Parliament, which means through general elections or the senate.
Article 45(2) of the Constitution states that the senate are in the YDPA’s opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.
Another example of how the Order or Gazette is applied when the Schedule to the Ministers of the Federal Government (No. 2) Order 2004 [P.U. (A) 206/2004] is amended to revoke a person, by deleting the words of X in the “Persons” column and the words “Minister in the Ministry of Y” appearing in the “Styles and Titles” column.
It is then inserted into the “Persons” and “Styles and Titles” columns with a new appointment or a substitution with any X and Y. X refers to the name of the individual, while Y refers to the Ministry or Department concerned.
Also, when the name of person and ministry or department is identified, section 2(2) of the Order provides for the Schedule in the second, third and fourth columns provides such as the follows;
Ministry of Internal Security:
Subjects;
i. Formulates and implement policy on security and public order
ii. Responsible for the preservation and maintenance of public order, harmony and internal security
iii. Performs functions and exercises powers under the Internal Security Act 1960
iv. Dangerous Drugs (Special Preventive Measures) Act 1985
(2.4) AEH Capital Sdn Bhd v AM-EL Holdings Sdn Bhd and another appeal [2008] 4 MLJ 487
More examples of ministers’ functions are seen in the Federal Government Order 1983 (PU(A) 202/83) made pursuant to the powers conferred by section 2 of the Ministerial Functions Act 1969.
The Minister Finance:
Subject: Responsible for external and domestic loans, banking and other financial intermediaries’
Minister of Housing and Local Government:
Subject: Responsible for pawnbrokers, moneylenders and moneylending
Therefore, in this case section 2A(2) of the Moneylenders Act 1951 is under the purview of the Minister of Housing and Local Government, and not the Minister of Finance.
(2.5) Su Yu Min v Ketua Polis Negeri & Ors [2005] 6 MLJ 768
Since we have covered that the Deputy Minister also has the same powers as the Ministers as provided under article 43A(2) of the Constitution, it is also read with section 30 of the 11th Schedule that ‘Construction of enabling words’;
“Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.”
Hence, they have the same powers equal to the Minister when administering his functions under the Restrict Residence Act 1933.
Moreover, this issue also raised a situation when there are ‘two deputy ministers’ in the same Ministry of Internal Security as provided in the Federal Government (No 2) Order 2004, published in the gazette as PU(A) 206.
It was argued that one among them had one role or subject while the other was responsible for the subject of several laws. Hence, the other Deputy Minister (DM) could not intervene the subject matter of the other DM based on the following laws which are;
i. Internal Security Act 1960
ii. Dangerous Drugs (Special Preventive Measures) Act 1985
iii. Emergency (Essential Powers) Act 1964
iv. Restricted Residence Act 1933
v. Extradition Act 1992
vi. Prevention of Crime Act 1959
vii. Anti-Money Laundering Act 2001
viii. Printing Presses and Publications Act 1984
ix. Printing of Qur’anic Texts Act 1986
x. Police Act 1967
xi. Prison Act 1995
xii. Civil Defence Act 1951
However, despite the number of Deputy Ministers, it is not to be read that they are exclusively assigned to those laws or subject matters only, but assist the Minister in exercising all his powers under those laws and other subjects.
(3.0) Legal Analysis
(3.1) Ministers
To determine whether Diva AA, Dato’ Aliff Syukri, Nur Sajat and other famous celebrities in Malaysia could be Ministers or Deputy Ministers, we would determine based on the laws adumbrated.
We have section 2 of the Ministerial Functions Act 1969 and section 3 and 5 of the Delegation of Powers Act 1956. With these laws, the YDPA acting on the advice of the Prime Minister could appoint any person to be a Minister and delegate powers to them to carry out their functions.
They do not have to be a member of Parliament from either the Dewan Rakyat or Dewan Negara. Furthermore, they do not even have to be involved in politics or possess higher levels of education in order to be a minister.
This is because, it is the discretion of the Prime Minister based on his own choice and preferences. However, most of his Cabinet Members consist of politicians, MPs and those belonging to his political party or coalition, since they all have shared interests and ideologies.
However, CEO and Executive Director of CIMB Group Holdings Bhd Tengku Datuk Seri Zafrul Tengku Aziz was appointed as the Finance Minister by the Prime Minister, Tan Sri Mahiaddin Yassin. He is not even a politician or MP.
It broke the norms, because the position of Finance Minister is considered to be the most powerful and influential cabinet position, which is reserved only for senior figures. Hence, as long as the Prime Minister orders or gazettes the Schedule containing the names of people of his choice, with their respective titles, departments and subjects, they are now legally Ministers.
(3.2) Deputy Ministers
It is possible for our celebrities to be Deputy Ministers as well, but they would have to be appointed to the Dewan Negara first, until then they may be appointed as Deputy Ministers. To become a senate, they would have rendered services to the country. In Malaysia, our artistes and celebrities are multi-talented; hence if they could exude and display awesome skills and capabilities, then they may land for the position.
(3.3) Ministry of Neets, Otaku, Weaboos and Simps
The author suggests that we need to establish a Malaysian Ministry styled as MINOWS. According to the Labour Force Survey, Department of Statistics Malaysia, the number of unemployed people as of January 2021 is 782.5 thousand people. It is in the author’s opinion, that some unemployed people play video games all day, watch anime and simp for their gamer girls or their other fetishes online.
They relish onto artistic graphics such as hentai and enter into sexual intercourses with pillow anime and ejaculate from voyeurism of their favourite 2D characters. It is the best interest of the Malaysian government to empower these individuals and enhance their skills.
MINOWS would serve as a platform to further improve their video game skills, as Malaysia is embarking on the Industrial Revolution 4.0. Most businesses are now conducted online and video games and streaming too is on the rise. Social stigma and negative perception of these individuals must cease.
At the same time, the ministry would empower these individuals through rehabilitative reforms and measures, as to prepare them for the working and employment world, sharpen their sharp skills and inter-personal relations with others. They also lack sexual care and attention, which is also a good idea to stimulate population growth as more Malaysians are getting divorced; the population are growing slowly and are emotionally depressed.
Therefore, it is good if the Prime Minister under the mentioned laws to amend the Order under the law to insert;
i. Minister, perhaps someone who is experienced on issues of pop culture and generational issues of the current century
ii. Build a new building and style it as the Ministry of Neets, Otaku, Weaboos and Simps.
iii. The Minister should be styled as the Chad Minister
iv. The subject or functions of the Chad Minister is to empower individuals marginalised by contempt of current mainstream media and entertainment, by instilling skills and talents as well as to rehabilitate them for the future in careers and employment.
These are only a suggestion, but it would be great if it were to be taken into considertation
(4.0) Conclusion
To conclude, celebrities are able to be Ministers and Deputy Ministers, without even contesting in the general elections. However, if they would like to be a Prime Minister, that is a different story as they require the confidence of majority of the Dewan Rakyat. If you are interested to read more about it, here is the link.
Apart from that, the Prime Minister should also by Order, create MINOW to serve the best interests and needs of the marginalised groups under threat of unemployment.
(5.0) References;
Astro Awani. (April, 2018) Azwan Ali pilih logo gajah, jika anda calon bebas apa pilihan anda. Retrieved from, https://www.astroawani.com/berita-politik/azwan-ali-pilih-logo-gajah-jika-anda-calon-bebas-apa-pilihan-anda-173776
Zaim Ibrahim (April, 2018) Bertanding dengan logo gajah, ini 8 perkara anda perlu tahu tentang Azwan Ali. Retrieved from, https://www.astroawani.com/berita-hiburan/bertanding-dengan-logo-gajah-ini-8-perkara-anda-perlu-tahu-tentang-azwan-ali-173758
Utusan Borneo Online. (April, 2018) Pertembungan Azwan dan Azmin Ali di DUN Bukit Antarabangsa. Retrieved from, https://www.utusanborneo.com.my/2018/04/29/pertembungan-azwan-dan-azmin-ali-di-dun-bukit-antarabangsa
MalayMail. (March, 2020) Tengku Zafrul’s appointment as Finance Minister breaks norm. Retrieved from, https://www.malaymail.com/news/malaysia/2020/03/09/tengku-zafruls-appointment-as-finance-minister-breaks-norm/1844853
Labour Force Survey, Department of Statistics Malaysia. Labour Force Malaysia January 2021. Retrieved from, https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=124&bul_id=QjdwRnBlSkxBcXczLzhzbHNKVTJRQT09&menu_id=Tm8zcnRjdVRNWWlpWjRlbmtlaDk1UT09
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