SHAH ALAM: The Westminster system cannot be fully applied in Malaysia’s political and legal context due to fundamental structural differences, including the existence of the Federal Constitution as the supreme law of the land.
The Director of the Legal and Human Rights Bureau (LUHAM) of PAS Selangor, Yusfarizal Yussoff, explained that the Westminster system originates from the United Kingdom and is based on the principle of “majoritarian” rule — governance by the party holding a simple majority.
He said the system typically features single-party dominance in the cabinet, lack of judicial review, and no written constitution, all of which contrast starkly with Malaysian practices.
“Many refer to the Westminster system as the foundation of Malaysia’s parliamentary democracy, but there is confusion about what Westminster actually means and how it differs from our Federal Constitution, which is the highest law in the country.”
“In Malaysia, we’ve adapted the Westminster system but with major modifications. For instance, we have a written Constitution, which is the fundamental law of the land.”
“Therefore, we have mechanisms for judicial review, enabling the courts to scrutinize executive and legislative decisions,” he stated in a Facebook post yesterday.
Yusfarizal also commented on current political issues concerning cabinet ministers, notably Economy Minister Dato’ Seri Mohd Rafizi Ramli and Minister of Investment, Trade and Industry Tengku Datuk Seri Zafrul Abdul Aziz.
He argued that calls for Rafizi to resign due to losing his party position were misplaced, as ministerial appointments are made by the Prime Minister with the King’s consent.
“It would be understandable if he chose to resign out of self-awareness, but to claim that he no longer holds a mandate seems odd — especially since he is still a PKR member.”
However, he emphasized that Tengku Zafrul’s case is more clear-cut in terms of political morality because he left Umno, the party that nominated him as senator and minister.
“So, leaving Umno means he no longer represents Umno within the minority Unity Government,” the legal practitioner asserted.
He added that Rafizi’s case is about “self-awareness” due to his diminished role in PKR, whereas Zafrul’s case is one of “party-hopping”, even though he is a non-elected appointed senator.
“They are two different cases. It is rather odd for PMX to say Zafrul’s ministerial post remains unaffected, since this is clearly an act of party-hopping — and more strangely, hopping to a party within the same coalition of a minority government.”
Yusfarizal also questioned the Prime Minister’s statement that Zafrul’s position is unaffected, emphasizing that changing parties, even within the same governing coalition, has moral implications regarding the legitimacy of such appointments.
He stressed that any principle derived from the Westminster system must be discarded if it contradicts the Federal Constitution, which is the supreme law in Malaysia.
Earlier, Tengku Zafrul’s departure from Umno and entry into PKR was seen as symbolically and politically significant, especially affecting the internal dynamics of the coalition government.
PAS Assistant Secretary-General Khairul Faizi Ahmad Kamil said the announcement was expected following rumors and speculations that had been circulating.
“Moreover, with the two vacant ministerial seats soon to be vacated by Rafizi Ramli and Nik Nazmi Nik Ahmad (formerly Minister of Natural Resources and Environmental Sustainability), this opens up opportunities for Tengku Zafrul to fill one of them — especially the Economy Minister position.”
“As an Umno Supreme Council member and division chief, Tengku Zafrul’s ‘sacrifice’ will surely be rewarded with a more significant position,” he said. – HARAKAHDAILY 3/6/2025
