Prime Minister Datuk Seri Anwar Ibrahim is facing a fresh legal challenge from former federal minister and lawyer P. Waytha Moorthy, who is seeking a court declaration that Anwar should not have been elected as Tambun MP in November 2022 or appointed prime minister shortly thereafter.
Waytha, who served in Tun Dr Mahathir Mohamad’s Cabinet from 2018 to 2020 and now leads the Malaysian Advancement Party, filed the suit in his capacity as a lawyer, claiming it is a “public interest action” to uphold the rule of law, the Federal Constitution, and the integrity of Malaysia’s parliamentary democracy.
At the heart of his argument is Article 48(1)(e) of the Federal Constitution, which disqualifies individuals from being elected as members of the Dewan Rakyat if they have been convicted of an offence and sentenced to more than one year’s jail or fined over RM2,000, unless they have been pardoned. Such a disqualification lasts for five years from the date of release or payment of the fine.
Waytha contends that while Anwar received a royal pardon on May 16, 2018, the pardon order did not explicitly remove the five-year disqualification period under Article 48(3). This, he argues, meant that Anwar was still constitutionally barred from contesting in the 15th General Election (GE15) when he was elected as Tambun MP on November 19, 2022. He is seeking court declarations to nullify both Anwar’s election and his appointment as prime minister, along with an order that Anwar vacate both positions immediately.
AGC: “No Basis for Disqualification”
The Attorney General’s Chambers (AGC) swiftly rejected Waytha’s arguments, stressing that Anwar’s 2018 royal pardon was “full and free” and had the legal effect of treating him as if he had never committed any offence. The AGC said the pardon, granted by the 15th Yang di-Pertuan Agong, was explicitly intended to clear Anwar’s name, following the King’s conclusion that his conviction represented a miscarriage of justice.
“Therefore, the issue of Datuk Seri Anwar losing his qualification as Member of Parliament and as Prime Minister does not arise at all,” the AGC said in a statement, adding that challenges to an MP’s election must be made via an election petition filed within statutory deadlines under the Election Offences Act 1954.
This is not the first time the AGC has clarified the scope of Anwar’s pardon, having issued similar statements when questions over its validity were previously raised.
PKR and DAP Leaders Rally to Anwar’s Defence
PKR legal bureau chief R. Sivarasa also dismissed Waytha’s suit as “baseless”, saying it reflected “an inability to appreciate the proper meaning of Article 48”. He explained that the inclusion of the phrase “and who has not received a free pardon” in the Constitution meant that once a full and free pardon is granted, the prior conviction ceases to exist for all legal purposes.
“It is as if the conviction and sentence never occurred at all,” Sivarasa said, questioning why Waytha had only chosen to raise the matter nearly three years into Anwar’s premiership. “Is this case really more about trying to stay politically relevant in any possible way?”
DAP’s Syahredzan Johan went further, suggesting that the move might have political undertones, pointing out that Waytha had recently met Bersatu president Tan Sri Muhyiddin Yassin to discuss the formation of a united opposition front. He described the suit as “frivolous and vexatious”, noting that the issue was never raised by Anwar’s GE15 opponents nor at the time of his appointment as prime minister.
Political and Legal Implications
While Waytha maintains that his action is about upholding constitutional principles, critics see it as a politically motivated attempt to destabilise the government. The case also underscores the recurring role of royal pardons in Malaysia’s political disputes — both as a legal shield and as a lightning rod for controversy.
If the court entertains the suit, it could reignite debates over the extent and effect of royal pardons, the interpretation of Article 48, and the proper forum for challenging an MP’s eligibility. If dismissed, it would reinforce the prevailing legal view — held by the AGC and several constitutional lawyers — that a full pardon wipes the slate clean entirely.
For now, Anwar remains firmly in office, bolstered by his allies’ confidence that the case will go the way of previous challenges: swiftly struck out. The bigger question may be less about constitutional law and more about political timing — why, after nearly 3 years of Anwar being in office, Waytha Moorthy has chosen this moment to take his shot.
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