THE FORMATION OF

MALAYSIA

The Idea of Malaysia

The idea of unifying the countries in the
region with Malaya had been brought up
by the South East Asian leaders and the
British.
The British Cabinet had discussed about
the issue in 18888 and subsequently more
seriously in 1931 after the British
successfully controlled the nine Malay
states as well as Sarawak and British
Borneo (Sabah).

 The rationale behind the proposal was the

desire to protect British interests.
At the local level, the idea of unification
had been voiced by David Marshall who
suggested that Singapore unite with
Malaya in 1955.
The idea of coalition was also sounded by
Ghazali Shafie and Tan Cheng Lock.
In 1959, Lee Kuan Yew said Singapore
and Malaya should join together.

 Tunku Abdul Rahman had voiced the same idea

as early as 1955, during the UMNO conference.
He invited Singapore to join Malaya and obtain
independence.
Six months later, the idea was developed by
Tunku when he stated his readiness to accept
not just Singapore but also Sarawak, Brunei and
British North Borneo (Sabah), after they had
obtained their independence and they should
join voluntarily.

 On 27 May 1961, at a dinner gathering for

South East Asian journalists in Singapore,
Tunku revealed his aspirations to form
Malaysia.
Tunku outlines clearly the benefits that
could be jointly enjoyed by all member
countries.
It was the first time Tunku presented the
proposal with serious commitment and he
was also better prepared for it.

 Prior to that, Tunku had several meetings

with important leaders, including Lee Kuan
Yew (January 1961).
Senu Abdul Rahman discussed the
outcome of his survey in Sabah, Sarawak
and Brunei (1960) and with MacMillan in
London (February 1961).
The idea of unification announced by
Tunku Abdul Rahman at the meeting with
the Press, was given wide coverage in the
regional newspapers.

 Comments were made by both local and foreign

leaders.
Tunku himself continued to popularize the
proposal at certain official functions.
Within a few months after Tunkus suggestion,
neighbouring countries showed serious interests
and supported the idea of unification.
Brunei, British North Borneo (Sabah), Sarawak
and Singapore finally followed up with action.

 For almost two years, these countries

communicated and consulted.
Problems of every kind were encountered.
Nonetheless, the spirit to unite prevailed.

Factors for the Formation of Malaysia

The formation of Malaysia involved a gigantic
change.
Conceptually, it looked like a very complex plan.
Many groups were cautious and doubtful that it
would take place.
But the dream became a reality and Malaysia
as new nation was born, because the motivation
was sufficient to stimulate the leaders and the
people in the countries concerned.

These were the factors that contributed

towards the formation of Malaysia.
1. Independence through unification: among
the five potential member countries, only
Malaya was free from any outside power after
its independence on 31 August 1957.
The other four countries, Brunei, Sabah,
Sarawak and Singapore were still under British
rule and the entry into Malaysia would enable
them to become independent of the British
government.

 This could be expected as the British had hinted

their readiness to grant independence.
The case of freedom through unification was a
primary factor for the future member countries.
This desire had been revealed even earlier on
by all the members-to-be.

2.Understanding for development: Another

reason felt by all the future member countries
was the question of fostering regional
understanding and creating one united nation for
the progress of the country and the people.
The existing potential in any country would be
more easily developed under one strong central
administration.
Kuala Lumpur, after five years of independence
could use its experience as a multi-racial country
to help develop the countries within Malaysia.

3.Ethnic balance and unity: This factor was not

emphasized by Singapore but was important to
the authorities in Kuala Lumpur.
Tunku really wanted a Malaysian federation, a
large union encompassing Brunei, Sabah,
Sarawak and Singapore and not just a union of
Singapore with Malaya, to ensure the
preservation of ethnic balance.
Maintaining a balance between non-Bumiputras
and Bumiputras would ensure peace and
stability in the region.

 Britain, too viewed this an important

consideration.
Most of the leaders in the potential member
states also accepted the challenge of unifying
the diversified cultural heritage which could be
melted into one entity under a strong central
government.

 Language constituted the medium and channel

for unity and the cultivation of an identity and
Tunku drew the general attention to the fact that
non-Malays in the states of Borneo could speak
the Malay language, which had been decided as
the national language in Malaya.

4. Collective fight against communism: The

communist threat was a source of worry to many
including the British. The potential members of
Malaysia were always exposed to this danger.
Malaya was constantly exposed to the
communist threat even though the emergency
that lasted twelve years because of the
communist terrorists, was over.
Brunei was also facing the spread of
communism while Singapore was worried that
they might face the same problem.

 The British too, were concerned over the

problem for the sake of British investment in
South East Asia.
The task of fighting communism would definitely
be greater for a country to do it alone.

5.Economic cooperation: Kuala Lumpur valued

highly regional cooperation in economic matters.
This could be administered from a centre
following a pact among the member states.
In this context, each country had certain
resources that could be developed to the benefit
of both the country and the central government.

 In short, the economic potential in a state could

be further developed: Singapores international
trade, industry and tourism, Bruneis oil
products, the forestry products of Sabah and
Sarawak and Malayas mineral and agricultural
products.

6. United in international relations: Kuala

Lumpur wanted to reinforce the pact among the
regional countries so that they would not only be
stronger internally but also in the international
arena as well.
Ties between a country and other foreign nations
were still not well-regulated.
Thus, if the countries within the plan were to
unite under one government and political
system, their position as one new nation would
be stronger in the international arena.

 Tunku mentioned this in his speech at the

press conference on 27 May 1961.
He stressed on the plan for political and
economic cooperation among the
countries in Malaysia.
The formation of Malaysia itself marked
the beginning of close cooperation among
equal partners with the achievement of
independence by member countries as a
common goal.

Reaction Towards The Idea

1. Singapore
In Singapore, the Malaysian concept was
generally well-accepted and everybody agreed
to the formation of a new country and anew
government.
Lee Kuan Yew apparently was most interested.
However, there were certain parties in
Singapore who were doubtful of Malaysia
stability.

 Initially, the people of Singapore gave their full

support but political changes in Singapore in
early 1961 changed the mind of part of the
Singapore population.
The Peoples Action Party (PAP) and the PAP
government under the leadership of Lee Kuan
Yew, received opposition from the United
Peoples Party UPP) which had broken away
from the PAP and is a socialist party.

 Their political aim was to bring independence to

Singapore through some other way and using a
different ideology.
The height of UPP opposition was during the
Hong Lim constituency by-election in April 1961.
Ong Eng Guan, the leader of the party,
contested against the PAP candidate and won
the lection.
Lee Kuan Yew learnt a lesson for his partys
defeat and began to understand better the
attitude of some of Chinese people.

 This did not alter his interest to join in the

formation of Malaysia.
Another incident in Singapore that threatened
the formation of Malaysia was the Anson byelection in July 1961.
In Anson, the defeat occurred because a left
wing PAP group switched side and gave its
support to a Labour Party candidate.
For Tunku and Lee Kuan Yew, this event
strengthened their determination to work
towards the formation of Malaysia.

2. Brunei
The people of Brunei too did not unanimously
agree to Malaysia.
Although a large section of the population were
for joining Malaysia, many of them preferred to
be independent on their own first.
Initially, Sultan Omar Ali Saifuddin himself was
very interested and considered Malaysia a good
idea.

 However, His Highness faced strong

opposition from A. M Azahari, leader of
Parti Rakyat Brunei. (Bruneis People
Party).
Azahari wanted to bring Brunei ino
another organization by uniting the British
North Borneo and Sarawak under the
name of North Kalimantan. Opposition
from Azahari led to a form of armed
rebellion that was finally defeated by the
Sultan with the help of the British.

3. Sabah and Sarawak

In Sabah and Sarawak, the reaction of the
people was ost encouraging.
They were aware that the countrys
participation in Malaysia would mean they
would be free from British imperialism.
They also believed that the communist
threat that was becoming more and more
worrying wolud be more easily overcome
under a new government.

 The people were also aware that the population

structure would be different in the new country.
Nevertheless, they would contribute to the racial
balance in Malaysia.
It cannot be denied that there was also anxiety.
The people were worried about losing their
position because of Malayan domination.
The non-Malays were afraid of being
discriminated.

 This feeling prevailed because it was

believed that political power would
concentrate on Kuala Lumpur.
There were also uneasiness among the onMalays over Malayan political domination.
They fear that the status of their religion and
language would be threatened.
The Chinese were afraid that they would be
flooded with economic competition from their
Chinese Singaporean counterparts.

4. Malaya
In Malaya, the Malaysian concept was generally
accepted but there were also people who
thought differently.
In the early stages, that is before 1951, UMNO
leaders often weighed the advantages and
disadvantages to Malaya and the Malays, if
united with Singapore through Malaysia.

 However, when the entry of Sabah and Sarawak

was taken into account, the worry over Malay
interests especially in term of population
numbers diminished.

5. Britain
The British accepted that the countries in the
region merge and set up a new nation, even
though the change would mean that the
countries under the protection of the British
would be handed back to the people.
The readiness of the British had something to do
with protecting their investments too.

Steps towards Formation of Malaysia

1. Jan 1961 Tunkus goodwill to visit Sabah and
Sarawak, to reduce peoples doubt
2. July 1961 Tunkus visit to Brunei, to give
clarification
3. Aug 1961 Singapore consultation,
explanation to the people and discuss
Singapores position
4. Nov 1961 consultation with Britain over the
interest of Malay states, to assure the position
of Sabah and Sarawak within Malaysia

5. Aug 1962 Cobbold Commission , to survey

the opinions of the people in Sabah and
Sarawak (survey was carried out in Feb-April
1962
6. Aug 1962 inter-Government Committee, to
structure the form of the new country including
the constitution
7. Sep 1962 Singapore referendum, to
convince the people about citizenship and
trade status

8. June 1963 UN mission, to get definite

answer from the people of Sabah and Sarawak
(the Philippines and Indonesia alleged the
people were suspicious)
9. July 1963 The Malaysian Agreement was
signed by all the four countries including
Britain, agreement was sealed (new nation
with freedom for three countries)
Malaysia, a new nation was born and
proclamation was made on 16 September
1963.

Bruneis Withdrawal
The sultan of Brunei suddenly lost interest for his
country to join Malaysia and Brunei did not
become a member of Malaysia.
Sultan Omar Ali Saifuddins action to cancel the
plan to join Malaysia took many by surprise. The
failure to carry out the proposal to come together
and share within a new federation occurred
because of differences in opinion and reluctance
to compromise on the part of Brunei and Kuala
Lumpur.

Brunei stressed openly that the three

fundamental reasons for Brunei to join
Malaysia were:
1. The speeding up of independence
2. The strengthening of the wall of defense
against the communist threat
3. The provision of help to the less developed
parts
However, when it came to the details of the
shape of the structure and the regulations, it
was not easy to come to an agreement on all
the matters.

1.
2.
3.
4.
5.
6.
7.

Bruneis claims that were said to be the

conditions for joining touched the following
issues:
The number of seats in Parliament
The control on oil and minerals
Monetary autonomy
Bruneis earlier investments
Method of taxation
Authority in the area of education and welfare
Matters of religion

8. Citizenship
9. The security of Brunei (which needs to be
guaranteed)
10. The position of the Sultan and the status of
Brunei within Malaysia
Some claims were easily agreed upon, others
were accepted in principle.
Three matters remained unresolved:
1. The position of the Sultan of Brunei within the
Council of Malay rulers
2. The status of Brunei within Malaysia

3. The matter of finance which focuses on the

issue of royalty from oil, involving the formula
for payment (amount, period and rate) and
official term for the said payment.
The issue were highly sensitive in nature as
they touched on property and status.

External Opposition from Indonesia and

Philippines

Two countries, Indonesia and the

Philippines opposed the issue of Malaysia.
The Philippines were against the formation
of Malaysia while Indonesia tried to
prevent its formation and immediately
became hostile to Malaysia after the new
country was established.
In the Philippines, President Macapagal
claimed Sabah was originally a part of
Filipino territory.

 The formation of Malaysia thus complicated his

efforts to claim Sabah.
As an indication of his objection to the formation
of Malaysia, Macapagal broke off diplomatic ties
between the Philippines and Malaysia.
Indonesias opposition to Malaysia was more
serious.
Failing to influence Malaya, President Sukarno
launched a confrontation policy against Malaya
on 20 January 1963.

 Sukarnos grounds for opposing the

formation of Malaysia was because Kuala
Lumpur had ignored Indonesia in Malayas
plans to set up a new country, while
Indonesia was a neighbour and friend to
Malaya. Sukarno was hurt.
Sukarno also claimed Malaysia to be a
new kind of political structure that would
ignore Indonesias interest and weaken
the spirit of the Malay Archipelago.

 Historians gave the analysis that Sukarnos

confrontation action was because the
establishing of Malaysia in itself aborted
Sukarnos scheme to form the greater
Indonesian empire.
Sukarno was said to have launched the
confrontation as a tactic to divert people's
attention away from various internal problems
which were afflicting Indonesia at that time.

 In 1965, the Indonesian Communist Party failed

in its endeavour to snatch power from Indonesia
and Sukarno was overthrown.
Subsequently, General Suharto took over the
power of government as the new President.
The new regime re-assessed Sukarnos
confrontation policy and then worked hard to
restore peace.

 The peace agreement was finally signed

between the two countries in August 1966.

Singapore's Separation From Malaysia

Singapores interest to join Malaysia did not last.
Various internal events occurred and affected
Singapores stand regarding her membership in
Malaysia.
About two years after Malaysia was formed, the
Malays and Chinese in Malaya and Singapore
experienced dangerous polarization.

 It was clear the polarization occurred between

Malay extremists in Malaya and Chinese
extremists in Singapore; but it was threatening
more and more the relations and tolerance
between the Chinese and the Malays.
The channel of dispute was the Peoples Action
Party (PAP) in Singapore and the Alliance in
Malaya.

 The split in Singapore-Kuala Lumpur relations

arose initially in the first Malaysian general
election in 1964 in which the PAP was one of the
many contesting parties.
Before the general election, Lee Kuan Yew and
some PAP leaders belittled MCA, again and
again saying that the MCA leaders lacked the
caliber and were over-friendly with UMNO.

 Words such as these offended not only the MCA

leaders but also the UMNO leaders including
Tunku Abdul Rahman , who valued very much
the understanding and good relations between
UMNO and MCA.
The attitude of Lee Kuan Yew and PAP in
general was interpreted by MCA and UMNO as
a PAP tactic for taking over the role of the MCA
in protecting the interests of the Chinese
community.

 The PAPs general election campaign clearly

manifested that attitude. The PAP call to the
Chinese to support the PAP and to force the
UMNO leaders to alter the social and economic
treatment in the city dwellers made UMNO
leaders regard the act as a direct attack on the
Malay people and the special rights of the
Malays.
The first Malaysian general election campaign
was an event that brought serious
consequences.

 While the Chinese were confused, the Malays

were generally suspicious of Lee Kuan Yew.
A large number of them interpreted Lees action,
and in general, the PAPs action to create
hostility.
Hostile political feelings soon grew into negative
racial sentiments. Alliances leaders regarded
PAPs criticism of the MCA as a weak party as
an attempt to destroy the good understanding
within the Alliance. By July 1964, relations
between the races became obviously strained.

 In fact, the tenses exploded into riots twice, on

21 July and on 2 September 1964.
These events damaged the understanding
relationship between Tunku and Lee.
Lees relations with the MCA leaders too
deteriorated.
The situation urged Tunku to express his
disappointment and to state that separation
perhaps is the only solution if the Singapore
leaders felt there was no more understanding.

 For the first month of 1965, relations between

Singapore and Kuala Lumpur were marked by
disputes with more and more leaders joining in
the conflict. Nobody made genuine effort to
improve the situation. Instead all leaders who
came forward merely did so to strengthen their
own struggle.
On 27 April 1965, Singapore announced a
convention to form a United Opposition Front
with the aim to fight for equality of rights.

 Subsequently, he started his Malaysian for

Malaysians campaign underlining that no
community in Malaysia was more native than
other communities.
The Malays considered the statement a direct
challenge to their status.
It was clear that the PAPs slogans heightened
the Chinese unity against the Malays.
The situation grew increasingly critical after
UMNO extremists under Jaafar Albar reacted
against Lees Malaysian Malaysia campaign with
the call Malays Unite.

 Meanwhile, MCA leaders began to express a

feeling of uneasiness over Singapores
behaviour.
Tan Siew Sin and T. H. Tan were among the
MCA leaders who suggested that Singapore
break away from Malaysia.
Efforts were made to find a solution. All attempts
failed because Singapore continued to make
situation worse.
Finally on 7 August 1965, Lee and Tunku signed
the separation agreement.

 On 9 August 1965, Parliament passed the

Separation Act. With that Singapore officially left
Malaysia.

System of Government
and Administrative
Structure

Separation of Power
The Federation of Malaysia practises a
system of parliamentary democracy.
There are three main bodies in the system
the executive, legislative and judiciary.
Theoretically, the powers of the three
bodies do onto overlap and each has its
own role. This means there is no
interference between the bodies.
The aim is to ensure the neutrality or
objectivity of each of the bodies.

 Each body cannot influence the decision or

action taken by another body.
This concept is known as specialization or
separation of power.

The Executive
The executive body at the federal or state level
has the power to govern.
It is responsible for carrying out the matters of
governing and administration and does not
involve itself in the matters and affairs of the
judiciary or legislature.
This body has the role to implement the laws
that have been passed by the legislative body
whether in Parliament (at the federal level) or in
the State Legislative Assembly (at the state
level).

 The executive at the federal level is known as

the Cabinet and at the state level as the State
Executive Council.

The Legislative
The function of this body is to draw up, amend
and pass laws.
The legislative body exists at two levels. At the
federal level, the legislative body is the
Parliament, while at the state level, it is the State
Legislative Assembly.
Theoretically, there is no overlapping of powers
or interests between the two bodies but in the
Malaysian context, it is a little different.

 The difference is embodied in the federal

constitution which permits the Cabinet (the
executive) to draw up, amend and pass
the laws on behalf of Parliament to be
enforced by the minister or another
empowered party (executive officer).
This means the power to draw up laws,
according to Parliament is entrusted and
delegated to the Executive power.
Such a practice is known as delegated
legislation.

 The same situation occurs at the state level

where the State Legislative Assembly makes
laws within the given jurisdiction.
The laws or regulations guide the executive at
both the federal and state levels to administer
and manage the ruling of the country.
However, the laws cannot be enforced until they
have consent of the King (Yang di-Pertuan
Agong) for the Federation and the Sultan or
Yang Dipertua Negeri for the state.

The Judiciary
To ensure that the executive does not abuse its
power by drawing up laws as and when it
fancies, it is the responsibility of the judiciary to
keep watch, so that the laws do not against the
provisions in the federal constitution itself.
In other words, the judiciary can decide if the
laws are valid or cannot be enforced because
they exceed the powers of jurisdiction as
specified in the constitution.

 The primary role of the judiciary in this matter is

to act as an institution that defends the
supremacy of the constitution and sees to the
balance of power between the executive and
legislative.
The next function of the judiciary is to defend
justice.

 It judges all offences committed in the federation

and imposes punishment that befit the offence
committed, settles disputes between parties
whether it be between central and state
governments, the two state governments, the
public and the central or state government or
between individuals.

Administration at the Federal Level

The Executive
According to the Federal Constitution (Article
39), the power of the executive at the level of the
federal government lies in the hands of the yang
di-Pertuan Agong.
This means that His Highness is the supreme
head of the country, and His Highness himself
can exercise the power to rule.

 However, the normal practice, as is also

specified in the constitution, is the
executive power exercised by the Cabinet
or by any minister empowered by the
Cabinet.
Parliament, through the laws, can also
delegate the implementation of the
executive duties to other people, such as
the General Elections Commission, the
Public Service Commission, the
Immigration and the Customs.

 According to the constitution, His Highness,

when carrying out his executive duties, has to
act on the advice of the Cabinet or a minister,
who is acting under the general powers of the
Cabinet.
This means that although His Highness is the
countrys supreme head, he does not have the
absolute power to act as he likes.
His Highness gets to avoid being directly
involved in the political matters of the country
and the implementation of the countrys
governance and administration.

 Instead, His Highness has the right of access to

whatever information regarding the government
of the federation from the Cabinet.

Yang di-Pertuan Agong (YDPA)

The King is instituted through the Federal
Constitution.
As the countrys supreme head, the King is
above anyone in Malaysia and cannot be
convicted in any trial nor in whatever court, for
any official duty as the chief executive.
But, His Highness can be convicted in a special
court.

 This means that YDPA does not have absolute

immunity in the eyes of the law.
This is the practice of Parliamentary Monarchy.
There are a number of things that YDPA cannot
do.
He is not allowed to continue his duties as the
ruler of his state nor hold any salaried position.
He cannot do business; neither receive any
emolument (payment).

 He cannot leave federation for more than 15

days at any one time without the approval of the
Council of Rulers except on official national
matters.
Selection
The YDPA is selected by rotation from among
the Malay rulers of the nine states in the
federation.
Election is based on certain procedures as
mentioned in the constitution.

 Every ruler, when his turn come, qualifies to be

chosen to become the YDPA unless he is a still
teenager or he himself decides he does not want
to be chosen (though it is his turn to be King).
There can be other reasons too; any
shortcoming on the part of His Highness such as
mental or health problem, or if the members of
the Council with the ballot support of at least five
members are convinced that he is unfit to be
King.

 According to the rules, the most senior

sultan or ruler in the line-up is qualified for
selection.
Seniority is based on the length of time the
ruler has been ruling the state, taking into
account the period even before
independence.
Only sultans and rulers qualify to be
selected to become the YDPA and have
the right to be nominated.
The position is for a period of five years.

 Since independence, all the sultans and rulers

from the nine states have had their turn in the
first round.
The selection of YDPA has now gone into the
second round.
The period of YDPA can be shortened. Apart
from the decease of the YDPA, the period of five
years can be shortened if His Highness
withdraws from the position.
He can do this by writing to the Council of Rulers
before submitting it to the Keeper of the Rulers
Seal to notify Parliament.

 The position of YDPA is not sacred in the

government of a modern country like Malaysia.
Any ruler can be dismissed from the position if it
is thought fit by a group of people of the same
status, that is the Council of Rulers.
The dismissal of YDPA is carried out by means
of a secret ballot (at least five sultans or rulers
are required to support the dismissal proposal in
the conference of the Council of Rulers).

The Power of YDPA

According to the constitution, the executive

powers of YDPA allow him to use his
discretionary powers in three matters:
1. Appointment of Prime Minister
2. Not to consent to the dissolution of Parliament
3. Request for a meeting of the Rulers Council to
be held, to discuss matters pertaining to the
special right, status, honour and importance of
the rulers and other matters, as stated in the
constitution.

There are certain conditions for the

appointment of Prime Minister:
1. His Majesty has to pick from among the
members of the House of Representatives,
someone whom he believes will receive the
confidence of the majority of the Parliamentary
members.
2. Normally the member chosen is the political
leader who heads the party with the majority in
the House of Representatives.

 This is important to ensure there will be no vote

of confidence against the new government
formed after the general election or after the
said leader withdraws for specific reasons.
The task of appointing Cabinet ministers, deputy
ministers. Judges and Malaysian ambassadors
abroad falls within the executive powers of the
YDPA.
The principle of acting on advice that is used,
refers to the counseling from the Prime minister.

 The YDPA is also the supreme head of the

Federations Armed Forces.
This shows that the YDPA is an institution
protected under the Federal Constitution.
However, there are various procedures
and matters that His Majesty needs to
observe when carrying out his executive
duties so as not to go against the interests
of the administration, to protect not just the
status of the institution itself but also the
harmony within the system of government.

The Council of Rulers

Another federal institution protected by the
constitution is the Council of Rulers.
This institution was first set up with the
formation of the Federation of Malaya in
1948.
It resulted from the Malay struggle against
the idea of Malayan Union which ignored
the authority and sovereignty of the rulers
in matters of Malay customs and religion.

Membership and Role

The Council is represented by the
Rulers/Sultans of the nine states and also Yang
Dipertua Negeri (Governor) of Malacca, Penang,
Sabah and Sarawak.
Generally, the council has two important roles.
The first is tied to the interests of the Malay
rulers and religion while the second involves the
administrative affairs of the country.


1.
2.

3.

4.

All this is clearly specified in the constitution.

They are:
Selection of the YDPA and Deputy YDPA
Approves or disapproves any act, practice or
religious ceremony that involves the
Federation as a whole
Approves or disapproves any law and give
advice on whatever appointment that requires
the approval of, or consultations with the
Council of Rulers
Appoints members of the Special Court

5.Grants pardon, postpones or commutes

sentences
6.Deliberate matters pertaining to national
policies (such as amendments to the
immigration policy) and all other matters
deemed necessary
The first two roles can be classified as
roles to safeguard the interests and status
of the Malay rulers as manifested by the
continuation of the institution of the YDPA
itself.

The Conference of the Council of Rulers

The conference is held three or four times in a
year and each conference lasts three days.
Every conference has its chairperson the ruler
who ranks the highest in terms of seniority.
This procedure is to give all rulers a chance to
chair the council.
During the three days, His Highness is
chairperson for only the second and third day.

 The conference can be regarded as a forum for

closed discussion among the rulers, the federal
and the state government and for decisionmaking in the interest of the nation.
All problems are discussed among the several
parties that represent the interest of the parties
concerned.

 The collective decision taken in the conference

can be regarded as a joint effort between the
rulers and the federal government on the one
hand and the people on the other towards
creating an effective national system of
administration and government.

Role of the Cabinet

The primary role of the cabinet including the
Prime Minister is to determine the governments
policies and to issue directives for their
implementation by the government
administrative machinery at the federal and state
levels, besides acting as advisory body to the
YDPA.
The members have meetings from time to time
to discuss matters such as the implementation
of the policies determined, current problems
encountered by the government and the country.

 The actions and decisions taken by the cabinet

are collective or joint.
Every cabinet member can be frank when giving
his views on matters discussed.
But when a decision is taken, even though there
may be differences in ideology and opinion, a
cabinet member should accept or agree with the
policy decided.
He has to defend the decision because cabinet
members are jointly responsible for the
governments policies.

 If he fails to accept the decision of the majority,

the simplest alternative for him is to leave the
cabinet or resign from the government. Normally
cabinet meetings are held every Wednesday.
Since it is an important meeting, all matters
discussed are confidential and recorded. This is
the work of cabinets secretary, that is the Chief
Secretary of the country.

The Legislative Body

The components of Parliament are made up of

the Yang di-Pertuan Agong and both the
Houses (Assemblies) of Parliament; that is the
House of Representatives and the Senate.
The Parliament has the power to make laws.
However, His Majesty is not involved in the
process of making laws. The same goes for
the sultans/rulers or Yang Dipertua Negeri at
the state level.

Process of Making Laws

Before it is presented for the first, second and
third reading, the draft is put together and
outlined by the minister after obtaining the views
from the Attorney Generals Office.
The purpose of this is to ensure that the draft is
legally and technically in order.
The draft is openly debated by the members of
the House of Representatives and forwarded to
the Senate to be examined and approved before
its submission to the YDPA for his approval.

Before a law that is drawn up is accepted and

applied, it must be approved by the Yang diPertuan Agong at the federal level.
But if His Majesty does not agree with the law
that has been drawn up on grounds of details
or other legal aspects, then Parliament must
improve upon it before resubmitting it for
approval.
Both houses must study the reasons for the
objection to the law and the Parliamentary
houses will debate again and present it once
more to His Majesty who will still approve it
within thirty days from the date of
resubmission.

Before a law that is drawn up is accepted and

applied, it must be approved by the Yang diPertuan Agong at the federal level or the
sultan/ruler or Yang Dipertua Negeri at the
State, within thirty days from the date of
submission.
But if His Majesty does not agree with the law
that has been drawn up on grounds of details
or other legal aspects, then Parliament of the
State Legislature must improve upon it before
resubmitting it for approval.

The Judiciary
The basic role of this body is to defend
justice for everyone regardless the status,
religion, colour etc.
The body is able to create and maintain
peace and the body has its guide, the
constitution itself.
The courts have four areas of jurisdiction:
1. The power to interpret the constitution
2. The power to interpret a law

3. The power to proclaim a written federal or

state law invalid
4. The power to declare a government action as
invalid in the eyes of the law
The courts are empowered to declare a written
federal or state law invalid if:
1. The law clashes with the constitution
2. The law is outside the jurisdiction of Parliament
or outside the jurisdiction of the State
Legislative Assembly
3. The state law contradicts the federal law

The Judicial System

The judicial system in Malaysia can be divided
into 3 levels: the Federal Court, the High Court
and the Lower Courts.
The Federal Court (supreme court) is headed by
the Chief Justice.
There are two High Courts in the states of
Malaysia, the High Court of Malaya with its
registered headquarters in Kuala Lumpur and
another in Sabah and Sarawak.
In Sabah, it is called the Sabah High Court and
in Sarawak the Sarawak High Court or Borneo
High Court.

 Both these courts have the same power and

status and are headed by a Chief Judge of the
High Court.
The lower courts consists of the Session Court,
the Magistrate Court and Penghulu Court.
In Sabah and Sarawak, the Session Court is
known as the District Court or Mahkamah Anak
Negeri.
The Magistrate Court is divided into Magistrate
Court Class One and Two.

 The difference between the two lies in the

type of cases examined and the fine
imposed on the offenders if judged guilty.
The Penghulu Court is the lowest of the
courts in the judicial system in Malaysia.
It judges minor cases at the village level in
Peninsular Malaysia.
There are also courts known as Special
Courts .

Types of Courts
1. Federal Court
Decides on the validity of laws made in
parliament or State legislative Assembly
Decides on disputes between Federal
and State governments or disputes
between two states
Deliberates on appeals of civil and
criminal cases from the High Court
Advises the Yang di-Pertuan Agong on
the constitution

2. High Court
Has the jurisdiction to hear cases which carry
the death penalty
Has the jurisdiction to hear civil cases such as
matrimonial cases, bankruptcy and company
cases, guardianship of disabled persons
3. Sessions Court
The highest of the lower courts
Hears all criminal offences other than except
those punishable with death

 Can impose jail sentences, fine and whipping

befitting the offence committed
Hears civil cases where the amount disputed
does not exceed RM250,0000
Hears civil cases on landlord and tenant
4. Magistrate Court
Hears light criminal and civil cases where the
maximum imprisonment does not exceed 10
years or are punishable by fine only
Hears claims for repayment of debts in the
monetary form
Can impose caning for criminal cases

5. Penghulu Court
Headed by the Penghulu or Head of the Mukim
in the Penghulu hall
Examines light criminal cases where the fine
does not exceed RM25
Examines civil cases where the fine does not
exceed RM50
Appeals against the courts decision on criminal
and civil cases can be made in the First Class
Magistrate Court

6. District Court
Headed by District Officer
This court exists in Sabah and Sarawak
Has the authority to decide a re-trial
7. Juvenile Court
Headed by Session Court judge
Hears offences committed by a juvenile of less
than 18 years of age.
Offenders cannot be sentenced but are sent to
rehabilitation centres such as the Henry Gurney
School until 21

8. Syariah Court
Headed by a religious head appointed by a ruler
Examines cases of offences against the Islamic
religious law involving Muslims only
Administer and handle Islamic laws
9.Industrial Court
Judges and settles employer-employee and
trade union disputes

Administration at the State Level

Malaysia is a federation. As a federated nation, it
has two levels of administration, the central
known as the federal government, and the state,
known as the state government
The Executive Body
The state executive body is responsible for
ruling the state.
It consists of the Ruler/Sultan or Yang Dipertua
Negeri and the State Executive Council.

 The position of Sultan inherited since the

Malacca Sultanate is continued in the nine
Malay states Perlis, Kedah, Perak,
Selangor, Negeri Sembilan, Johore,
Pahang, Terengganu and Kelantan.
The position of the rulers is strengthened
with the setting up of the institution of
YDPA.
For Selangor, Perak, Kedah, Johore,
Kelantan and Terenggganu, the head of
state is known as Sultan.

 Yang Dipertuan Besar is the title for the

head of Negeri Sembilan while Raja is for
Perlis.
For other states without a ruler such as
Malacca, Penang, Sabah and Sarawak,
the head is known as the Yang Dipertua
Negeri.
The Sultan cannot be charged in any court
for charges of an official nature but can be
charged for an offence of a personal
nature in the Royalties Special Court.

 Sultan is the chief executive for his state

and his action to rule the state based on
the act on advice principle, following the
advice of the State Executive Council
However, His Highness can make decision
according to his discretion:
1.The appointment of Menteri Besar
2.The refusal to assent to the request for
dissolving the State Legislative Assembly

3. The request for he Ruler Council to meet to

discuss the special rights, position, supremacy
of the rulers etc
4. Whatever duty as head of the Islamic religion
or Malay customs
5. The appointment of heir or queen, the acting
ruler or Acting Ruler Council

State Executive Council

The State Council resembles the Cabinet
of Ministers at the federal level.
This body is headed by Menteri Besar in
the Malay states with sultans, while for
states without sultans, it is the Chief
Minister who heads it.
This council is responsible for forming
state policies, implements them and acts
as advisor to the ruler.

The Legislative Body

This body is known as the State Legislative
Assembly.
It is similar to the Parliament except it has one
house.
The functions of this body is to listens, debates
and draws up the laws of the state.
The members of this assembly are sultan, and a
number of State Legislative Council members.
The members are chosen by the people through
general election.

 Three other members appointed by the state

government: the State Secretary, State Legal
advisor and State Finance Officer.
However, they are not involved in drawing up the
law.
This assembly is guided by the Federal
Constitution as the source of the countrys
highest laws in drawing up the laws.

 The jurisdiction of the state legislature includes

the matters of Islamic laws, land, agriculture,
forestry, local government, local service, state
government machinery and state public holiday.

The Local Government

This body has the power to make decisions
quickly and efficiently for the interests of the
local people and the membership comprises
local people whether appointed or chosen.
This body is known as the local government
The local government was created to enable the
local inhabitants whether in the cities, towns or
districts to join and take part in managing their
own affairs and interests.

 It involves largely the work of preparing

facilities and social services.
This covers the aspects of cleanliness,
beautification, recreation, business,
construction and maintenance of roads
and others that contribute towards the
well-being of the local citizens.
Basically, the role of this local government
is to enhance the quality of life of the local
community.

 The body has the power for have by-laws for the
purpose of imposing taxes, rents and charges
for other services used by the people.
There are two kinds of local governments; the
town council in the main urban areas and district
council in the rural areas.