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Privy Council (Brunei)

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Privy Council
Majlis Mesyuarat Di-Raja
PredecessorState Council
Formation18 October 1959; 65 years ago (1959-10-18)
Legal statusAdvisory body
HeadquartersBrunei
Hassanal Bolkiah
(Chairman)
Clerk
Judin Asar
Deputy Clerk
Rose Aminah Ismail
Websitewww.councils.gov.bn
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The Privy Council (Malay: Majlis Mesyuarat Di-Raja) is a formal body of advisers to the monarch of Brunei.[1] When His Majesty appoints people to posts with traditional ranks, titles, and honours, the council provides advice.[2]

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.[3] The council was established in 1959 in accordance with Brunei's constitution, and are in charge of advising His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam on the three branches of government which are the executive, judicial, and legislative, even though they have separate powers.[4] This is in keeping with the Malay Islamic Monarchy (MIB) philosophy of the country.[5]

Membership

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According to the Brunei Constitutional documents, a Privy Council that is constituted in conformity with Part IV's rules must be established. Each Appointed Member of the council shall serve at the pleasure of His Majesty the Sultan and Yang Di-Pertuan for the term and under the conditions set forth in the Instrument appointing him, and subject to such terms. Moreover, the council members should be consisted of:[6]

Before beginning their duties, each member of the council must take, make, and complete to an oath or declaration in the form specified as Form I in the First Schedule before His Majesty the Sultan and Yang Di-Pertuan, or, if a Council of Regency has been appointed, before the senior male Regent, or before such other person as His Majesty the Sultan and Yang Di-Pertuan or, as the case may be, the senior male Regent may designate.[6]

Functions

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As of 2008, His Majesty the Sultan and Yang Di-Pertuan has granted the Privy Council the duty to advise His Majesty in connection with the exercise of His Majesty's powers under Clause (1) of Article 9 of the Constitution of Brunei Darussalam. This is done in accordance with the Constitution of Brunei Darussalam (Suspension) Order, 2006.[6]

Additionally, every Privy Council proceedings must be recorded in minutes. The Clerk to the council shall be appointed by His Majesty the Sultan and Yang Di-Pertuan, and prior to performing the duties of his office, the Clerk shall take and subscribe an oath in the form specified as Form II in the First Schedule before His Majesty the Sultan and Yang Di-Pertuan or the senior male Regent, as applicable. The council may signify the use of any authority granted to it or the performance of any act or item by it under the Clerk to the council's hand, subject to any established laws. The advice of the Privy Council is not required to be followed when making decisions by His Majesty the Sultan and Yang Di-Pertuan.[6]

Procedure

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Summoning

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If a Council of Regency has been appointed, the senior male Regent may summon the Privy Council; otherwise, if His Majesty the Sultan and Yang Di-Pertuan are not in Brunei Darussalam and a Council of Regency has not been appointed, the Perdana Wazir may summon the council. When less than one-third of the council's members are present (aside from His Majesty the Sultan and Yang Di-Pertuan or the other person presiding), and if His Majesty the Sultan and Yang Di-Pertuan or the other person presiding has objected to the transaction of business on that basis, no business may be transacted at any Privy Council meeting. For the purposes of this clause, the council's membership shall be regarded to be the next highest multiple of three if the number of members is not a multiple of three. Any Privy Council sessions and any related decisions made by that council are lawful despite the participation of anyone who was not authorised to do so.[6]

Chairing

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Insofar as is practical, His Majesty the Sultan and Yang Di-Pertuan will preside over Privy Council meetings. The person who will preside in His Majesty the Sultan and Yang Di-Pertuan's absence will be in the order listed below.[6]

  • In the absence of a Deputy Sultan and Yang Di-Pertuan and a Council of Regent, the senior male Regent shall preside.
  • In the absence of a Deputy Sultan and Yang Di-Pertuan and a Council of Regent, such Member of the Privy Council as His Majesty the Sultan and Yang Di-Pertuan may appoint.
  • In the absence of such Member or where no such Member has been appointed, the Perdana Wazir.

Current members

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As of 15 May 2024, the members were:[1]

Affiliation Portrait Person Date
appointed		 Roles
Royal Family / politician HM Sultan Hassanal Bolkiah Sultan of Brunei (1967–present)
Prime Minister of Brunei (1984–present)
Minister of Finance and Economy (1984–1986; 1997–present)
Ministry of Defence (1986–present)
Minister of Foreign Affairs (2015–present)
Minister of Home Affairs (1984–1986)
Royal Family / politician HRH Prince Al-Muhtadee Billah Crown Prince of Brunei (1998–present)
Senior Minister at the Prime Minister's Office (2005–present)
Royal Family / politician HRH Prince Mohamed Bolkiah Perdana Wazir (1970–present)[7]
Minister of Foreign Affairs and Trade (1984–2015)
Royal Family HRH Prince Sufri Bolkiah Bendahara (1979–present)[8]
President of Brunei Darussalam National Olympic Council (2010–present)
President of National Football Association of Brunei Darussalam (2013–2019)
Royal Family / politician HRH Prince Jefri Bolkiah Di-Gadong (1979–present)[9]
Minister of Finance (1986–1997)
Royal Family HRH Prince Abdul Malik 7 April 2011[10] Chairman of the Management Committee of the Sultan Haji Hassanal Bolkiah's Foundation (2013–2017)
Royal Family HRH Prince Abdul Mateen 7 April 2011[10]
Royal Family HRH Prince Abdul Wakeel 16 May 2024[11]
Royal Family HH Idris Abdul Kahar 9 April 2021[12] Yang Di-Pertua Adat Istiadat Negara (2021–present)[12]
Royal Family HH Abdul Rahim Kemaluddin Al-Haj Cheteria 4 (2004–present)
Royal Family / politician HH Ibnu Ba'asith Apong Cheteria Under Cheteria 4 (1977–present)
Deputy Minister of Defence (1986–2005)[13]
politician Isa Ibrahim 30 January 2018[14] Minister at the Prime Minister's Office (2018–present)
Special Adviser to His Majesty the Sultan and Yang Di-Pertuan (2018–present)
Speaker of Legislative Council (2011–2015)
Minister of Home Affairs (1986–2005)
Additional Manteri Under Manteri 4
politician Badaruddin Othman 29 May 2010[15] Minister of Religious Affairs (2015–present)
Minister of Home Affairs (2010–2015)
Manteri Ugama under Manteri 8
politician Halbi Mohammad Yussof 22 October 2015[16] Minister at the Prime Minister's Office (2022–present)
Second Minister of Defence (2018–2022; 2023–present)
Minister of Culture, Youth and Sports (2015–2018)
Commander of the Royal Brunei Armed Forces (2003–2009)
Commander of the Royal Brunei Land Force (2001–2003)
Additional Manteri under Manteri 32
politician Isham Jaafar 1 December 2017[17] Minister of Health (2017–present)
politician Amin Liew Abdullah 30 January 2018[14] Minister at the Prime Minister's Office (2018–present)
Second Minister of Finance (2018–present)
politician Erywan Yusof 29 January 2018[18] Second Minister of Foreign Affairs (2018–present)
politician Ahmaddin Abdul Rahman 7 June 2022[19] Minister of Home Affairs (2022–present)
politician Abdul Manaf Metussin 7 June 2022[19] Minister of Primary Resources and Tourism (2022–present)
politician Juanda Abdul Rashid 7 June 2022[19] Minister of Development (2022–present)
politician Romaizah Mohd Salleh 7 June 2022[19] Minister of Education (2022–present)
politician Shamhary Mustapha 7 June 2022[19] Minister of Transport and Infocommunications (2022–present)
politician Nazmi Mohamad 7 June 2022[19] Minister of Culture, Youth and Sports (2022–present)
politician Abdul Aziz Juned 1 September 1994[20] State Mufti (1994–present)
Kerala Manteri Ugama (1996–present)
lawyer Nor Hashimah Taib 6 October 2020[21] Attorney General (2024–present)
lawyer Salim Besar Chief Syar'ie Judge (2015–present)[22]
Additional Manteri Ugama Under Manteri Ugama
politician Abdul Aziz Umar 7 April 2011[10] Minister of Education (1984–1986; 1988–2005)[23]
Minister of Communications (1986–1988)
politician Zain Serudin 7 April 2011[10] Head of Religious Affairs (1970–1984)
Minister of Religious Affairs (1986–2010)
politician Abdul Wahab Said
clerk/secretary Huraini Hurairah 9 January 2024[24] Clerk to the Privy Council (2024–present)
Secretary to the Cabinet Ministers' Council (2024–present)
Clerk to the Legislative Council (2024–present)

See also

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References

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  1. ^ a b "Jabatan Majlis-Majlis Mesyuarat - Ahli-Ahli Majlis Mesyuarat Di-Raja". www.councils.gov.bn. Retrieved 15 May 2024.
  2. ^ "NATIONAL GOVERNMENT" (PDF). www.clgf.org.uk/brunei_darussalam. p. 40.
  3. ^ 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. Retrieved 14 September 2014.
  4. ^ "Brunei Darussalam 1959 (rev. 2006) Constitution - Constitute". www.constituteproject.org. Retrieved 3 April 2023.
  5. ^ "OVERALL VIEW". councils.gov.bn.
  6. ^ a b c d e f "Brunei Darussalam". 5 July 2018. pp. 54–61. Archived from the original on 2 February 2020. Retrieved 2 February 2020.
  7. ^ "The Brunei Darussalam State Flag". Information Department.
  8. ^ "Adinda2 Baginda Yang Dipertuan Di-Korniakan Gelaran Wazir Pertama Dan Kedua" (PDF). Pelita Brunei. 14 November 1979. p. 1. Retrieved 27 August 2023.
  9. ^ "Adinda2 Baginda Yang Dipertuan Di-Korniakan Gelaran Wazir Pertama Dan Kedua" (PDF). Pelita Brunei. 14 November 1979. p. 1. Retrieved 27 August 2023.
  10. ^ a b c d "Sultanate - News | Negara Brunei Darussalam | Sultan appoints three Princes to Privy Council". www.sultanate.com. Retrieved 3 April 2023.
  11. ^ "Pelantikan Ahli Majlis Mesyuarat Diraja". www.jpm.gov.bn (in Malay). 15 May 2024. Retrieved 16 May 2024.
  12. ^ a b "Jabatan Adat Istiadat Negara - Sejarah Yang Di-Pertua". www.adat-istiadat.gov.bn. Retrieved 2 April 2023.
  13. ^ "BRUNEIresources.com - Pengiran Sanggamara Diraja". www.bruneiresources.com. Retrieved 2 April 2023.
  14. ^ a b Scoop, The (30 January 2018). "HM announces surprise cabinet reshuffle - full list of new appointees". The Scoop. Retrieved 19 December 2022.
  15. ^ "Menteri-Menteri Cabinet" (PDF).
  16. ^ "Brunei new Cabinet Ministers 2015". BruneiResources.blogspot.com. The Daily Brunei Resources. 22 October 2015. Retrieved 6 March 2023.
  17. ^ "Appointment of New Brunei Health Minister". Appointment of New Brunei Health Minister. Retrieved 27 August 2022.
  18. ^ "New Cabinet unveiled » Borneo Bulletin Online". New Cabinet unveiled. 8 June 2022. Retrieved 30 December 2022.
  19. ^ a b c d e f "New Cabinet unveiled » Borneo Bulletin Online". New Cabinet unveiled. 8 June 2022. Retrieved 11 March 2023.
  20. ^ "Kementerian Hal Ehwal Ugama Negara Brunei Darussalam : SEJARAH PENUBUHAN JABATAN HAL EHWAL SYARIAH". 31 October 2014. Archived from the original on 31 October 2014. Retrieved 27 December 2022.
  21. ^ "Attorney General's Chambers - History". www.agc.gov.bn. Retrieved 14 July 2022.
  22. ^ "HM OKs appointment of chief Syar'ie judge | The BT Archive". btarchive.org. Retrieved 2 April 2023.
  23. ^ "Berita - Mantan Menteri Pendidikan terima anugerah..." www.pelitabrunei.gov.bn. Retrieved 2 April 2023.
  24. ^ "Jabatan Majlis-Majlis Mesyuarat - Clerk of Legislative Council". www.councils.gov.bn. Retrieved 15 May 2024.
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