The Great Constitutional Deception

The Illegal Bypass

The signing of the Anwar-Trump Agreement is a flagrant violation of Article 69 of the Federal Constitution. Under Malaysian law, the "Federation" is not merely the Prime Minister or his Cabinet; it encompasses the Yang di-Pertuan Agong (YDA), the Conference of Rulers, and Parliament. By bypassing these institutions, the Prime Minister has produced an agreement that is not just flawed, but void ab initio—legally dead from its inception.

A Fraud on Parliament

The Prime Minister’s claim on January 20th that "negotiations are ongoing" and promises of engaging MPs’ and forming committees to scrutinize the agreement is a calculated fabrication. It is legally impossible to continue negotiating or finalize a contract that is void ab initio under the Constitution. This narrative is a deceptive attempt to trick Parliament into discussing a void agreement, bypassing the mandatory requirement for a Parliamentary Bill to bind the nationbefore the formal signing ceremony with Trump.

The Stand for Sovereignty

We hail the five MPs who have initiated court action to declare the Anwar Trump agreement unconstitutional. Their courage defends the "check and balance" system against a government that prefers secrecy, deception and retroactive excuses over transparency. Malaysia deserves a leadership that respects constitutional due process, not one that insults the intelligence of the Parliamentarians and rakyat to escape scrutiny.

Waytha Moorthy Ponnusamy

President

Malaysian Advancement Party

30th January 2026

MEDIA STATEMENT

TRUMP-ANWAR AGREEMENT- Signing First, Justifying Later: A Dangerous Abuse of Power

The Prime Minister has failed in his fundamental duty to safeguard the integrity of Malaysia’s parliamentary democracy, particularly his constitutional obligation under Article 43(3) of the Federal Constitution, which requires that the Cabinet be collectively responsible to Parliament.

What has now emerged from the Prime Minister’s statement in Parliament yesterday is deeply troubling. He has admitted that this agreement still requires “adjustments,” “clarifications,” and even written guarantees before it can be considered final. This admission alone exposes a deeply flawed and constitutionally dangerous process.

The principle is simple and universally understood:
No one signs an agreement first and negotiates its essential terms or seek guarantees later.

In any functioning democracy, negotiations on agreements  affecting the nation come first. Terms are finalised. Safeguards are secured. Only then is an agreement signed. What we are witnessing here is the exact opposite—an inversion of due process that threatens both good governance and constitutional order.

Even more alarming is the suggestion that key issues are only now being brought before the Cabinet for discussion—after the agreement was signed.

Equally disturbing is the Prime Minister’s own admission that guarantees affecting Malaysia’s economic sovereignty were given orally, not in writing. Matters of national sovereignty are not footnotes. They are not negotiable afterthoughts. They are foundational.

A Prime Minister is not merely the head of government. He is the custodian of the Constitution, the protector of institutions, and the trustee of the people’s mandate.

When international agreements are signed without clear Cabinet deliberation, without parliamentary scrutiny, and without written guarantees protecting national interests, what is being eroded is not just policy—but the very foundation of parliamentary democracy.

Ratification is not meant to rescue a defective agreement. It is a formal process that follows the fulfilment of all domestic legal and constitutional requirements. It is not a tool for damage control.

I must also express my sympathy for the newly appointed Trade Minister, Datuk Seri Johari Ghani, who is now being tasked with cleaning up the consequences of decisions made hastily by the Prime Minister and his predecessor. This is not a burden he should have inherited.

Waytha Moorthy Ponnusamy

President/Chair

Malaysian Advancement Party

HINDRAF

21.1.26