A local daily last weekend published a front-page news item about the Pahang government's intention to amend its constitution to enable five assemblymen to be appointed to the state legislative body.
A motion to amend the state constitution to allow such appointments by Menteri Besar Datuk Seri Wan Rosdy Wan Ismail was supported by all Barisan Nasional (BN) and Pas lawmakers but was opposed by the opposition (DAP and PKR) lawmakers on the grounds that such appointments were contrary to the principle of democracy.
Wan Rosdy said the state government initiative was intended to boost the state's administration in these difficult times due to the Covid-19 pandemic.
The move will enlarge the State Legislative Assembly (currently having 42 elected representatives) to 47 assemblymen.
Wan Rosdy said candidates for the new appointments would be picked from among professional people with special skills and abilities. Opposition assemblyman Lee Chin Chen (DAP-Bilut) said the move was undemocratic and an improper "backdoor entry" into the august house.
Supporting the initiative, Professor Dr Nik Ahmad Kamal of International Islamic University Malaysia said the Pahang government's move was "nothing new". He cautioned, however, that such appointments must have limitations. The appointed assemblymen should complement the work of the existing elected assemblymen.
Senior lawyer (and former magistrate) Yahaya Abdul Rahman also favoured the move, as Pahang was following in the footsteps of Sabah and Terengganu.
He said Section 21(1)(b) of the Eighth Schedule of the Federal Constitution allows the appointment of state assemblymen.
He added that the appointment of the assemblymen was therefore legal, but the aim of such appointments must be to look after minority interests, and those people who were appointed must have specialised knowledge and skills needed by the state.
Constitutional law expert and Perak opposition leader Dr Abdul Aziz Bari expressed a different view.
He said appointing a member of the state legislature was a "retrogressive move, not a progressive one".
However, town planner Nik Ramly, said: "If these appointed assemblymen can contribute to the state and community, why not? However, if the exercise is for self-interest or intended for certain groups only, that will be a different story."
In Sabah, five men and a woman were recently appointed as assemblymen. They did not participate in the recent state election. Aliakbar Gulasan, a Pas member, whose party did not even participate in the election, was among those appointed.
Under the earlier administration of Datuk Seri Shafie Afdal, five people were also appointed as state assemblymen by the governor on the advice of the chief minister.
Sabah has 73 state assemblymen. With a population of 3.2 million people, this makes the population/seat ratio at 1:53,446. With the five appointed members, the state legislature now has 78 assemblymen.
Terengganu, with its 32 state assemblymen and a population of 1.03 million people, has a ratio of 1:32,374. I was told that until today, the state government had only appointed one person, Zuraida Md Noor, to take her seat in the state legislature.
In 2003, Terengganu, under the Pas administration, amended its state constitution to allow the appointment of four assemblymen. Sabah did the same to enable the appointment of six more assemblymen.
Pahang, currently with 42 seats and a population of 1.5 million, has a ratio of 1:35,734. If the state government goes ahead to appoint five more assemblymen, the state legislature will have 47 assemblymen.
The term "democracy" (of Greek origin) has two crucial elements — demos (the citizens) and kratos (power or rule). The cardinal principle of democracy is "representative government". It means that we consent to be governed by leaders whom we choose, not by people who are appointed by others.
Sovereignty, therefore, is said to reside with the people. Every five years, we exercise it by choosing our representatives to govern us.
Under such a legal regime, is there room for non-elected lawmakers? If these new lawmakers are not elected but appointed, who do they represent? Does the state constitution spell it out? Either way, it will be seen as a case of diluting or strengthening democracy.
The writer, a former federal counsel at the Attorney-General's Chambers, is deputy chairman of the Kuala Lumpur Foundation to Criminalise War
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times
