UP until voting patterns changed two Parliaments ago, Malaysia largely existed as a federal-centric governance. With the exception of opposition-controlled Kelantan, which established the constitution-defying hudud enactment, the concept of individuality within the federation is something rarely practised; states and the Federal Government work in tight tango in a relationship that is understood. So, what happened in the Johor state assembly on Monday and in the days running up to it, with regards to the Johor Housing and Property Board Bill, was extraordinary.
So egregious was the wording of the original draft, that normally conservative groups were forced to vehemently oppose it. This country's royal rulers hold very high and respected positions within the constitution, with specific roles and duties, but executive powers simply was not one of them, and such a move would have gone against the fundamental and basic structure of the Federal Constitution. The insertion of such clauses struck fear in the hearts of many of a creeping neo-feudalism. Had the bill gone ahead in its original form, it would have put the royal house at risk of earning the disaffection of the people.
The Johor Royal Court Council president argued that the insertion of the ruler into those clauses would not have jeopardised the executive powers of government, since the sultan's role is understood, as laid out by the state constitution, which also defines the sultan as a constitutional monarch. Regardless of pure intentions, the clauses failed to meet with the approval of constitutional experts and lawyers' groups, who warned strenuously and in detail against its adoption. At the eleventh hour, on the eve of its tabling, the state government promised to amend the controversial parts. Yet, even on the day itself, the controversy was still being explained, for and against, and these were not even taking place in the chamber.
The controversial parts aside, there is no doubt that Johor's real estate needs to be better managed, hence, the rush to have the bill passed. But this bill was bigger than just Johor and its housing; it was about upholding the Federal Constitution and ensuring there were no assaults to it, intentional or otherwise. Even with the last-minute amendments that could only have been sighted when it was tabled (less than three hours before it was passed), the bill arrived at the assembly tainted and muddied by the issue of whether there was a sufficient firewall in place -- a question that was imperative to have been answered first. Yet, despite calls for postponement and serious misgivings from politicians from all sides, including from federal leaders past and present, Johor still pushed ahead with the bill and passed it. What a way to enact a law.