Legislative Council of Brunei

Legislative Council of Brunei

Majlis Mesyuarat Negara Brunei

مجليس مشوارت نڬارا بروني
Coat of arms or logo
Type
Type
History
Established18 October 1959[1]
Preceded byState Council
Leadership
Speaker
Abdul Rahman[2]
since 11 February 2015
Hassanal Bolkiah
since 1 January 1984
Clerk
Huraini Hurairah
since 9 January 2024
Structure
Seats37[3]
Political groups
National Development Party
Length of term
5 years
Elections
First election
18 October 1959
Last election
20 January 2023[4]
Meeting place
Legislative Council Building, Bandar Seri Begawan, Brunei
Website
Legislative Council of Brunei
Constitution
1959 Constitution of Brunei

The Legislative Council of Brunei (Malay: Majlis Mesyuarat Negara Brunei; Jawi: مجليس مشوارت نڬارا بروني; abbrev: Legco) is a national unicameral legislature of Brunei. The council comprises 36 appointed members, that only has consultative tasks.[5][6] Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah is the head of state with full executive authority, including emergency powers since 1962. The Council holds its sitting annually in March at the Legislative Council Building in Bandar Seri Begawan.

History

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The period of the State Council came to an end in September 1959 with the adoption of Brunei's first codified Constitution. The Legislative, Executive, and Privy Councils took the role of the council itself.[7] The Legislative Council was established in 1959 by virtue of Article 23 of Brunei's Constitution of 1959. The 1959 constitution included five advisory bodies, including a Legislative Council, and granted the sultan full executive authority. When the left-wing Brunei People's Party (BPP), which aspired to overthrow the monarchy, gained all 10 of the council's elected seats in 1962, Sultan Omar Ali Saifuddien III invalidated the results.[8]

Following the nation's first election on 30 and 31 August 1962, the Legislative Council's initial meeting was held on 10 October 1962. Part of the constitutional rules governing general elections were suspended in 1962, and members' seats were filled by royal appointment beginning on 28 August 1963.[9] Upon the establishment of the new Legislative Council in September 1962, the party attempted to forward a motion aimed at stopping the formation of Malaysia. The council meeting was rescheduled until 5 December because it was afraid of losing the discussions. The BPP sent a resolution to the government of Brunei to be presented in the next council meeting prior to its convening.[10]

The Brunei People's Independence Front Party (BAKER) party's Secretary-General II, Zainal Abidin Puteh, presented a motion during the May 1968 Legislative Council Meeting that called for Brunei to become independent and establish a democratic system of governance. He insisted throughout the conference that a poll be conducted by the government to determine the people's desires for independence and constitutional progress. A spokesperson of the BAKER party, Pengiran Mohammad Samli bin Pengiran Lahab, also called for the introduction of a democratic type of governance in Brunei in May 1968.[11]

On 12 April 1970, the 1965-elected council was dissolved after completing their 5-year term. The 1970 elected-council was dissolved on 15 December 1977 with the approval of the Sultan of Brunei, according to the Chapter 55 of the 1959 Constitution. The Sultan has agreed to reform and re-elect several members from the previous council. A new council was officially reconvened on 22 December 1977.[12] Sultan Hassanal Bolkiah dissolved the council on the following day. The inaugural meeting of the council took place on 27 December 1983, and it was disbanded on 13 February 1984.[13] Hence, legislative powers were fully vested in the Sultan.

After a 21-year hiatus, the Sultan reconvened on 25 September 2004, with the proposed modification to the 1959 constitution as its first item on the agenda. The Council approved a constitutional proposal that would have increased its size to 45 seats, 15 of which would be elected. The Sultan disestablished the council on 1 September 2005 and, on the following day, reestablished the Council based on the amended version of Brunei's Constitution.[13] Five members of the new Legislative Council, who were indirectly elected to represent village councils, were appointed by the Sultan in September 2005. In 2006 and 2007, plans for a 45-member legislature with 15 seats up for public vote were still on the table, but elections were still not scheduled by year's end. All state authority remains in the hands of the sultan's family and chosen successors, and the Internal Security Act (ISA) keeps the sultan's personal authority largely untouched.[8]

The Legislative Council met in 2006 and 2007 to examine government spending, suggesting that it has adopted budget review as a regular duty in recent years. The plans for elected Council members, Brunei's 2006 membership in the Asian Development Bank, and government initiatives to promote the private sector while combating corruption and radical Islam are all considered preparations for the anticipated depletion of the nation's oil and gas reserves, which currently make up 90% of state revenues. This modest increase in Council activity and increased focus on government spending are all part of these preparations. With the money, the government has long been able to stave off calls for political reform by keeping the majority of the populace in work, lavishing them with benefits, and exempting them from paying income tax.[8]

A member of the Council asked information from the second finance minister of the nation during a meeting in March 2007 regarding government investment organizations like the Workers Trust Fund and the Brunei Investment Agency (BIA). The Minister of Home Affairs, a member of the sultan's appointed cabinet, urged for prudent use of the national budget in April in yet another sporadic appeal for accountability.[8] On 6 March 2007, the Sultan gave his permission to be present at the International Convention Centre in Berakas for the opening ceremony of the first sitting of the Legislative Council's third session. Additionally present were Prince Mohamed Bolkiah, Minister of Foreign Affairs and Commerce, and Prince Al-Muhtadee Billah, Crown Prince and Senior Minister in the Prime Minister's Office. The People's Awareness Party (PAKAR) was completely disbanded, and the president of the Brunei National Solidarity Party (PPKB) was forced to resign. In addition, the government's Registrar of Societies tightened its supervision over political party activity in 2007.[13]

The first meeting of the fourth session of the Legislative Council began on 4 March 2008 at the new building in Jalan Kebangsaan. The Sultan officiated the grand opening by signing a plaque shortly after receiving the Royal Salute and inspecting the guard of honour by the personnel of the Royal Brunei Police Force (RBPF).[14]

Roles

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Since 1959, the council has played significant roles towards Brunei; not only to consider and approve budgets and revenue estimates, but also to advise the Sultan on the drive of the Government, to review policies implemented by the Government and to pass bills and motions brought by the Government and other members of the council.

Legislative procedure

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The Council follows the practice of other Commonwealth parliaments. All bills presented in the Council go through three readings. All bills, however, must obtain prior approval from the Cabinet prior to their presentation in the council. Once a bill is passed, a bill must obtain Royal Assent in order to turn such bill to an Act.

Speaker of the Legislative Council

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The Speaker of the Legislative Council of Brunei (Yang Di-Pertua Majlis Mesyuarat Negara)[15] is a pivotal figure in the governance process, responsible for managing the proceedings and voting within the council, ensuring transparency in legislative decisions. Appointed by the Head of State, the Speaker ranks fourth in the state hierarchy and does not assume the role of interim Head of State during transitions. This position is vital for maintaining democratic principles and accountability within Brunei's legislative framework.[16]

Membership

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The Council comprises the Sultan, the Crown Prince,[17] cabinet ministers and three types of members: members with titles, members representing districts, and members among outstanding Bruneians. All members, other than the Sultan, are appointed by the Sultan in accordance with Article 24 of Brunei Constitution. The rest of the deputies outside of the cabinet, which are deputies ex-officio of the LegCo, are appointed for five year terms.

Ex-Officio members

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Since 24 October 2023 (a reshuffling of the Cabinet which had served since 30 January 2018), the Council consists of the following ex-officio deputies:[18][19]

Ministry Minister
Prime Minister's Office
Ministry of Transport and Infocommunications
Ministry of Culture, Youth and Sports
Ministry of Defence
Ministry of Development
Ministry of Education
Ministry of Finance and Economy
Ministry of Foreign Affairs
Ministry of Health
Ministry of Home Affairs
Ministry of Primary Resources and Tourism
Ministry of Religious Affairs

Titled persons

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Title Name Portfolio
Pehin Orang Kaya Laila Setia

Dato Seri Setia Awang Haji

Abdul Rahman Ibrahim Minister of Finance II (2015–2018)
Minister at the Prime Minister's Office (2005–2018)
Pehin Orang Kaya Johan Pahlawan

Dato Seri Setia Awang Haji

Adanan Yusuf Minister of Health (2010–2015)
Minister of Home Affairs (2005–2010)
Deputy Minister of Home Affairs (2002–2005)
Pehin Orang Kaya Indera Pahlawan

Dato Seri Setia Awang Haji

Suyoi Osman Minister of Education (2015–2018)
Minister of Development (2010–2015)
Minister of Health (2005–2010)
Ambassador of Brunei to France (1991–1996)

Persons who have achieved distinction

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Pursuant to Second Schedule of Article 24 (1) (a) (iii),[20] these seats are given to persons who have achieved distinction in their own professional field or for good contribution to communities across Brunei.

Title Name Portfolio
Hajah Safiah Abdul Salam Islamic Studies Department, Ministry of Religious Affairs
Mr Lau How Teck Director of Hua Ho Department Store (since 2018)
Vice President of the Brunei-China Belt and Road Promotion Association Council (2022–2024)
Member of the Chinese General Chamber of Commerce's Honorary Advisory Group (2024–2026)
Ms Chong Chin Yee CEO and co-founder of Memori, UnikLearn and Mirath
Board member of the ASEAN Young Women Entrepreneurs Club
Vice President of the Young Entrepreneur Association of Brunei
Dr. Haji Mahali Momin Director of Schools' Inspectorate at the Ministry of Education
Haji Salleh Bostaman Managing Director of Brunei LNG (2008–2012)
Hajah Rosmawatty Abdul Mumin Permanent Secretary (Upstream) in the Energy Division, Prime Minister's Office
Pengiran Haji Isa Aliuddin President of the Brunei Association of Agricultural Farmers
Managing Director of Maya Breeder Farm

District representatives

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These deputies of the districts are appointed by the Sultan among those village heads and penghulu of townships (mukim), which since the 2010s are elected directly by the people of their areas.

Districts Name Portfolio
Belait 1 Salleh Othman Penghulu of Mukim Bukit Sawat
Belait 2 Mohammad bin Abdullah @ Lim Swee Ann Village head of Kampong Bukit Sawat
Tutong 1 Tekpin Ya’akub Penghulu of Mukim Ukong
Tutong 2 Abdul Aziz Hamdan Village head of Kampong Sengkarai
Temburong Sulaiman Nasir Village head of Kampong Labu Estate and Kampong Piasau-Piasau
Brunei-Muara 1 Amran Maidin Penghulu of Mukim Lumapas
Brunei-Muara 2 Lawi Lamat Village head of Kampong Subok
Brunei-Muara 3 Zainol Mohamed Village head of Kampong Putat
Brunei-Muara 4 Mohamad Ali Tanjong Village head of Kampong Lumapas 'B'
Brunei-Muara 5 Daud Jihan Village head of Kampong Belimbing

Clerk to the LegCo

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As of 9 January 2024, the position is held by Dr. Dayang Hajah Huraini binti Pehin Orang Kaya Setia Jaya Dato Paduka Awang Haji Hurairah.[21] She succeeded Pehin Orang kaya Pekerma Jaya Dato Paduka Haji Judin bin Haji Asar, who have held the position since 1 January 1993.[22]

Legislative Council building

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Since achieving independence, this is the first time that the nation held the council meeting at the new grand parliament building on 4 March 2008, the construction for which began in March 2005 under the 8th National Development Plan. Three blocks make up the structure. In addition to office space and a conference room, the building has a banquet hall, library, meeting rooms, auditorium, surau, gym, VIP rooms, and canteen. It also has a parade ground in front of the building, parking, a landscaped area, and a three-acre lake. Judin Asar, the council's clerk, claimed that the new structure would help the council carry out its mission to provide better services to the government and country, particularly those pertaining to the privy council, legislative council, and cabinet ministers meetings.[14]

See also

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References

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  1. ^ "MAJLIS MESYUARAT NEGARA". DOKUMEN-DOKUMEN PERLEMBAGAAN CONSTITUTIONAL DOCUMENTS. p. 32, 76.
  2. ^ "Brunei Darussalam". 5 July 2018. Archived from the original on 2 February 2020. Retrieved 2 February 2020.
  3. ^ "Ahli-Ahli". Archived from the original on 2021-09-08. Retrieved 2021-09-08.
  4. ^ "New Legislative Council appointed » Borneo Bulletin Online". New Legislative Council appointed. 2023-01-20. Retrieved 2023-01-21.
  5. ^ "Brunei Darussalam" (PDF). United Nations (Human Rights Council): 4. Retrieved 27 August 2022.
  6. ^ "Brunei". United States Department of State. Retrieved 2022-08-27.
  7. ^ Hussainmiya, B. A. (September 2000). ""Manufacturing Consensus": The Role of the State Council in Brunei Darussalam". Journal of Southeast Asian Studies. 31 (2). Cambridge University Press: 349. doi:10.1017/S0022463400017586. Retrieved 2014-09-14.
  8. ^ a b c d Refugees, United Nations High Commissioner for. "Refworld | Freedom in the World 2008 - Brunei". Refworld. Retrieved 2023-03-11.
  9. ^ "Majlis Mashuarat Negeri di-bubarkan" (PDF). Pelita Brunei. 1970-04-15. p. 1. Retrieved 2023-09-17.
  10. ^ "BRUNEI'S POLITICAL DEVELOPMENT BETWEEN 1966 AND 1984: CHALLENGES AND DIFFICULTIES OVER ITS SECURITY AND SURVIVAL". docplayer.net. Retrieved 2024-04-17.
  11. ^ "BRUNEI'S POLITICAL DEVELOPMENT BETWEEN 1966 AND 1984: CHALLENGES AND DIFFICULTIES OVER ITS SECURITY AND SURVIVAL". docplayer.net. Retrieved 2024-04-17.
  12. ^ "Ahli2 M.M.N. yang di-susun semula" (PDF). Pelita Brunei. 1977-12-28. p. 1. Retrieved 2023-07-17.
  13. ^ a b c "Sultanate - News | Negara Brunei Darussalam | Sultan officiates LegCo meeting". sultanate.com. Retrieved 2023-03-11.
  14. ^ a b "Sultan opens new Legislative Council building". bn.china-embassy.gov.cn. Retrieved 2023-03-11.
  15. ^ "Yang Di-Pertua Majlis Mesyuarat Negara". Jabatan Majlis-Majlis Mesyuarat (in Malay). Retrieved 2024-10-14.
  16. ^ "CONSTITUTION OF BRUNEI DARUSSALAM (CONST. I): STANDING ORDERS OF THE LEGISLATIVE COUNCIL" (PDF). Attorney General's Chambers. 2005. Retrieved 14 October 2024.
  17. ^ He is a member of Cabinet of Brunei. Therefore, he is a member of the Council.
  18. ^ "New Legislative Council appointed » Borneo Bulletin Online". New Legislative Council appointed. 2023-01-20. Retrieved 2023-01-21.
  19. ^ Hj Abu Bakar, Rasidah; Bandial, Ain (7 June 2022). "HM: New cabinet must carry out duties with "full loyalty and responsibility"". The Scoop. Archived from the original on 6 July 2022. Retrieved 19 July 2022.
  20. ^ "Archived copy" (PDF). www.agc.gov.bn. Archived from the original (PDF) on 2021-08-31.{{cite web}}: CS1 maint: archived copy as title (link)
  21. ^ "Clerk of Legislative Council". Jabatan Majlis-Majlis Mesyuarat. Retrieved 2024-08-09.
  22. ^ "Clerk of Legislative Council". Jabatan Majlis-Majlis Mesyuarat. 2021-06-19. Archived from the original on 2021-06-19. Retrieved 2024-08-09.
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04°54′48″N 114°56′55″E / 4.91333°N 114.94861°E / 4.91333; 114.94861