KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual.
According to the Attorney General’s Chambers (AGC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting Prime Minister to effectively perform executive functions.
The AGC stated that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the Prime Minister’s ability to govern.
“Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Federal Constitution support procedural protection to safeguard the separation of powers and institutional stability,“ the AGC said in a statement released today in Kuala Lumpur.
The AGC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity.
The AGC further explained that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues.
The AGC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments.
Furthermore, the AGC emphasized that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Federal Constitution.
On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago.
Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
