Sating Kajang

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“THERE are lies, damned lies and statistics,” wrote Mark Twain, attributing this phrase (apparently erroneously) to British Prime Minister Benjamin Disraeli.

It is remarkable to see how the numbers of the Kajang by-election are being manipulated by both sides in its aftermath. The Barisan camp point to the lower majority and claim a return of Chinese support, while Pakatan supporters say that as a proportion of those who voted, their party’s new candidate outperformed the previous one: and besides, the turnout was respectable given the demographic of the constituency’s registered voters, many of whom work and live elsewhere. It’s particularly important for PKR to make this argument, since the Kajang Move originated in that party: correct presentation of the numbers helps to justify the exercise.

In one sense the advocates of the Kajang Move can feel quite smug. They can argue they were right that the government was terrified of the prospect of Datuk Seri Anwar Ibrahim as a state assemblyman and potential MB of Selangor – so terrified that they fiddled with the judicial process, consigning the hitherto state economic advisor to prison thereby preventing him from running for the seat. Of course, some may take the view that their coalition’s much coveted ‘road to Putrajaya’ would have been smoother travelled if Anwar remained outside prison – and thus it was not worth provoking the court decision in the first place. And I am told that internal opponents of Tan Sri Khalid Ibrahim are busy rethinking how best to remove him.

Conversely, Barisan activists claim that the Court of Appeal’s decision had nothing whatsoever to do with Kajang. Rather, it was the Kajang Move that was deliberately timed in anticipation of the trial’s decision, for the purposes of gaining political mileage out of inevitable sympathy.

In social media, for every congratulatory tweet or Instagram picture there was a condemnation. One favourite line of attack was highlighting that three members of one family are YBs, with the sarcastic caption “all in the family”. But similar phenomena are not new: there are well-known political dynasties and cases of in-laws and siblings sitting simultaneously as elected representatives (though not always in the same party). Still, a husband-wife-daughter combination is unprecedented. Even though each individual went through the electoral process to win in their respective constituencies, critics point to flaws in the party that give nepotistic, cronyistic leaders too much power to choose candidates. I would agree entirely, but it happens in all parties.

One other interesting feat of the Kajang Move was that it created a bizarre news situation: while foreign media were still leading on latest developments on the Malaysia Airlines search and rescue operation (and only then followed by the annexation of Crimea), many Malaysian media outlets led with the by-election.

I was against the Kajang Move on the basis that victorious candidates have made an implicit commitment to serve the full term of the legislature, and not resign midway. However, there will soon be another by-election in Balingian caused by the resignation of the former Chief Minister of Sarawak. It seems to have become an acceptable convention, even in the home of Westminster democracy, that resigning heads of government simultaneously abandon their legislative seat. However that was not always the case, including in Malaysia. When then Datuk Seri Abdullah Badawi resigned as Prime Minister in 2009, he stayed on as MP for Kepala Batas.

Perhaps a more relevant example is provided by Datuk Donald Stephens, who served as Sabah’s Chief Minister from 1963 to 1964 before becoming a federal minister and then Malaysian High Commissioner to Australia, New Zealand and Fiji. In 1973, Tan Sri Fuad Stephens was appointed Yang di-Pertua Negara of Sabah (as the office was still then named), serving for two years. In 1976, Tun Fuad became Chief Minister again, making him the only individual in Malaysian history to go from head of state to head of government.

On the peninsula there is a case of a head of government becoming head of state: the Menteri Besar of Pahang from 1986 to 1999 was appointed Yang di-Pertua Negeri of Melaka in 2004, now Tun Mohd Khalil Yaakob. Perhaps another case for comparison is when the Bendahara of Johor became Sultan Abdul Jalil IV after the regicide of Sultan Mahmud II of the Malaccan line in 1699.

There is also one instance of the head of judiciary becoming a head of state, when the Lord President of the Supreme Court, Raja Azlan Shah, became Sultan of Perak in 1984.

These fascinating constitutional records might not be as well-known as the political chronicles of Datuk Seri Anwar Ibrahim – and history will judge whether the Kajang Move helped create another.

Tunku Abidin Muhriz is president of Ideas.