I would like to enquire under what pretext Pahang Government is empowered to impose Sustainability Tax to all hotel guest within Pahang state?(https://www.thestar.com.my/metro/metro-news/2021/12/14/pahang-tables-surplus-budget-of-rm597mil) Isn't it under Malaysia Constitution law article 67, 69 &110, any changes of tax imposing within Malaysia territory whether is collected by federal or state government must approved by Parliament before it can be effective and enforceable?
I've been paying the new Sustainability Fees(as attached) and staff in Resort World Genting have no idea what this tax is about. I would like to know where the Sustainability Tax will proceed into? And when did it approved by Parliament?
I believe this is not the first time Malaysia government, whether state or federal government, violating constitutional law and public prosecutor has not take proactive action against the violation. The impartiality of Malaysia legal system is challenging one and this is exacerbated by the heavily corruption culture plaguing the country since independent. Although Malaysia had recently improved slightly by become the second highest cronyism country from the first in 2014 <https://cilisos.my/malaysia-ranked-2nd-to-russia-in-the-crony-capitalism-index-but-is-it-really-that-bad/>
but violating of Constitution in such a conspicuous manner is literally eroding the country sovereignty where an independent sovereignty shall be govern by law enacted by people's representative (Member of Parliament), through legislative process and not created at will. Aside from Shariah Law which also divided the country into a possible dual legal system, God's law (need not go through legislation) and civil law. I do not know what is the basis of Sharia Law existence but law relating to taxation is obviously beyond family matter affecting the Muslim thus shall not construe as anything affiliating with Sharia law that need no legistration process.
Tengku Zafrul had abruptly introduced the Prosperity Tax without tender a bill through Parliament for approval and gazetted as law. This might be a violation of Constitution law and beyond the jurisdiction of his portfolio. Did any of you investigate on the matter?
Therefore, I would like stakeholders in the matter and Parliamentarian to enlighten me whether it is OK for government (the executive) to impose tax without going through due process of legislation? What is Federal Constitution means to the Malaysia government?
