PM Anwar’s 2018 Royal Pardon Nullifies All Disqualifications, Wipes The Slate Clean – Law Expert

Kuala lumpur: The royal pardon granted to Prime Minister Datuk Seri Anwar Ibrahim in 2018 fully restored his eligibility to contest in elections and to hold the office of Prime Minister, said constitutional law expert Emeritus Prof Datuk Dr Shad Saleem Faruqi.

According to BERNAMA News Agency, the royal pardon under Article 42 (1) of the Federal Constitution effectively removed all legal consequences arising from Anwar's previous conviction. Shad Saleem emphasized that a free pardon under Article 42(1) results in the removal of all disqualifications under Article 48(1), with no requirement for a second order to lift the disqualification.

Shad Saleem addressed recent claims by several opposition leaders questioning Anwar's eligibility to contest elections under Articles 48(1)(e) and 48(3) of the Federal Constitution. He explained that a full pardon not only releases a person from serving the sentence but also removes any legal disqualifications that would prevent the individual from contesting or holding office as a Member of Parliament (MP).

Citing case law from Malaysia and other Commonwealth countries, including Anwar Ibrahim (2018) and Jeyaratnam v AG (1990) from Singapore, Shad Saleem pointed out that a free pardon "wipes the slate clean," restoring the individual's full legal standing. He also referenced the 1969 case of DAP veteran Lim Kit Siang, where a royal pardon reinstated his position as an MP after disqualification due to a technical breach by his election agent.

Shad Saleem concluded that if the view is correct that a free pardon wipes the conviction off the slate, then the Article 48(3) removal of disqualification order is absolutely unnecessary.