Allegedly making seditious remarks against the Pahang Sultan, Muhyiddin may face up to 3-year jail & lose his Pagoh seat
Former Prime Minister and Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin has been in hot water for his remarks during a ceramah or public rally during the campaigning period of the recently-concluded Nenggiri by-election which touched upon religion, royalty and race (3R).
This is after a viral video showed Muhyiddin claiming he had the support of 115 MPs after the 15th General Election (GE15) but was not invited to form the federal government. He then asked the crowd who the Yang di-Pertuan Agong was during that time.
Following the viral video, Pahang Crown Prince, Tengku Hassanal Ibrahim Alam Shah issued a statement expressing strong disapproval and disappointment over the Pagoh Member of Parliament’s (MP) ‘deliberate and sarcastic’ remark of his father, the Sultan of Pahang, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, the 16th Yang di-Pertuan Agong. Tengku Hassanal labelled Muhyiddin’s remarks as manipulative, harmful and dangerous, as they openly incited distrust in the Royal institution.
The Pahang Crown Prince alleged the PN chairman was spreading negative narratives as if panting the Pahang Ruler as unjust in appointing Datuk Seri Anwar Ibrahim as the 10th Prime Minister and thus urged the Royal Malaysia Police (PDRM) to act strictly and uncompromisingly against Muhyiddin. Accordingly, the Pahang Palace through Private Secretary Amir Syaffiq Hamzah has lodged a police report against Muhyiddin, 1 of many reports PDRM received regarding the incident.
The Pagoh MP has since responded to the allegations and assured that he never intended to mock the Royal Institution but doubled down by claiming that his statement was factual and didn’t violate any national laws.
So, what potential legal actions can be taken against Muhyiddin for his alleged seditious remarks? Is his MP seat in jeopardy for the alleged offence? Join us as we break it down below.
Section 4(1) of the Sedition Act 1948
As the incident involved 3R, the most relevant provision in this case is Section 4(1) of the Sedition Act 1948 below:
Based on the video and what has been reported about the incident, it can be argued that the Pagoh MP has committed an offence as prescribed under Section 4(1)(b) of the Sedition Act 1948, which is to utter seditious words.
Accordingly, should he be charged and convicted under this provision, he may face a fine of up to RM5,000 or imprisonment of up to 3 years or both.
Section 233(1) of the Communications and Multimedia Act 1998
Besides that, given that the speech was livestreamed and a recorded version of it is circulating on social media, Muhyiddin may also face action under Section 233(1) of the Communications and Multimedia Act 1998 below:
As per the above provision, it can be argued that the PN chairman has created communication which is obscene, indecent, false, menacing or offensive in character with the intent to annoy, abuse or harass another person.
Should he be convicted under this provision, Muhyiddin may face action under Section 233(3) of the Act below:
If the Pagoh MP is charged and convicted under the above provision, he may face up to an RM50,000 fine or jail of up to 1 year or both. Furthermore, he may also face a further fine of RM1,000 fine for every day during which the offence is continued after conviction.
Section 504 of the Penal Code
Another legal provision that could apply to Muhyiddin’s alleged offence is Section 504 of the Penal Code for intentional insult with intent to provoke breach of peace below:
Should the former Prime Minister be charged and convicted under this provision, he may face up to 2 years in jail, a fine, or both.
Will Muhyiddin lose his Pagoh seat if he’s convicted?
The answer to this question is not as straightforward as one thinks, as it is dependent on the punishment meted out to him if he’s convicted. Furthermore, given that criminal proceedings take time, it could also potentially be academic as for all we know, GE16 may have already begun when the trial, if any, and all the appeals have finished.
With that in mind, the disqualification of an MP is prescribed under Article 48(1) of the Federal Constitution below:
Specifically, Article 48(1)(e) asserted that a member of either House of Parliament will have their membership disqualified if they have been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term of more than 1 year or a fine of more than RM2,000 and has not received a pardon
In relation to that, Article 48(4)(b) prescribed that should an MP appeal the sentence that has been given, he or she would only be disqualified 14 days after the court decides on the appeal.
However, the disqualification is immediate for the purpose of election, as prescribed by Article 48(5) below:
Hence, should Muhyiddin be convicted and sentenced to prison for a period of more than 1 year or fined an amount of more than RM2,000, he will be disqualified from his Pagoh seat.
However, this will only happen after all avenues of appeal in the case have been exhausted and if Muhyiddin didn’t receive a royal pardon. Hence, if the case goes to court and all of Muhyiddin’s appeals are exhausted before GE16, it will all be inconsequential as Parliament would already be dissolved.
What’s consequential is the fact that if Muhyiddin is convicted of more than 1 year in jail or fined more than RM2,000, he will be immediately disqualified from contesting in elections. Therefore, should he be convicted before GE16, the PN chairman will be barred from contesting the General Election.
Of course, this is all theoretical as the PN chairman hasn’t even been charged in court yet. In the meantime, it’s important for all quarters to remain calm and let the rule of law take its course.
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