
On the morning of 6 November, the Home Minister signed a notice declaring a house in Taman Duta to be a prison. By lunchtime a fine of RM50 million had been paid into the High Court, and the court had ordered the fine discharged and him released from one prison to the other. By evening the Attorney General had asked everyone to wait.
Somewhere in Putrajaya, a Transport Minister had a resignation letter ready and no date to put on it.
That is where DAP finds itself. I want to explain how it got there, because the story is not really about one man’s house arrest. It is about what happens to a party when the issue that made it stops paying.
Start with the issue. For most of its life DAP had a problem it could not solve. Its voters were in the towns, Chinese and Indian for the most part. The voters it needed were Malay, and many of them saw DAP as a threat to the bargain of 1957. Nothing DAP said about good government could get past that.
Then, in 2015, came 1MDB. Here was a scandal about money, not race. It could be denounced in Malay, Mandarin, Tamil and English, and DAP denounced it in all four.
It worked. In 2018 DAP entered federal government for the first time in its history. In 2022 it entered again, under a different Prime Minister, with more ministers than before. Each time the message to its supporters was the same. We are in government to finish this.
The supporters believed it. They had seen a Prime Minister charged, tried, convicted, jailed and jailed again. It was reasonable to think the party that had campaigned on his guilt would be the last to make peace with his release.
Here is the distinction that matters. A principle is something you hold whatever it costs. A franchise is something you hold while it pays. DAP’s supporters thought 1MDB was the first. The party, it turns out, treated it as the second.
The evidence came before the pardon did. On 16 August this year, DAP called a special congress in Putrajaya to ask its delegates one question: stay in the government or leave it. The result looked decisive. Of 2,099 valid votes, 1,857 were to stay.
But look at who was not in the room. The party has about four thousand delegates. Fewer than one in two of them voted to stay. The rest voted to leave or did not come. And from the floor came a request that the vote not be treated as final if a red line were crossed. The red line named was a pardon for the former Prime Minister.
A month later it was crossed.
To be fair to DAP, its position was never simple. The pardon is the Agong’s to give, and a party that respects the Constitution cannot campaign against the Palace. Its minister sat on the Pardons Board and, by every account, argued against the decision. And if DAP’s five ministers had walked out together, the government might have fallen, which is the one outcome DAP’s leaders fear more than the pardon. There is a difference between holding your nose and holding the door open, and DAP can argue it did the first.
Yet watch what the party did with the time it bought.
On 19 September its Secretary-General said he would resign, and that he alone would go so the government would stand. He submitted the letter on 28 September. The Prime Minister declined it. He stayed in office for seven weeks. In that time DAP’s main demand changed. It stopped asking that the pardon be undone and started asking that the minutes be published, so that everyone could see it had objected.
Then the fine was paid. The court’s order discharged it, lifted the extra year he would have served for not paying, and directed that he serve the rest of his sentence at home until August 2028. The resignation was finally given a date. It takes effect the moment the former Prime Minister walks into the house that DAP’s own government gazetted as a prison that morning. The date was chosen with care. It is the one point at which DAP can leave without ever having stood in the way.
None of this was DAP’s doing alone. The same Prime Minister whose Attorney General sat on the Board, whose advice the Board acted on, and whose Home Minister signed the gazette, paused the transfer that evening. The pause had a legal form and a political use. It gave the Secretary-General a few more days in office and the party a few more days in which it had not yet given in. A Madani government that advises a pardon, builds the prison and then delays the move is not confused about the law. It is managing a partner.
The voters had already drawn their conclusion. In Johor on 11 July, DAP stood in seventeen seats, won six and lost four it had held. In Negeri Sembilan on 1 August its share of the vote fell by five points, two of its seats went to MCA, a party DAP had spent twenty years telling Chinese voters was finished, and the Secretary-General lost his own by 688 votes. These were not Malay voters punishing DAP for 1MDB. These were DAP’s own voters, in DAP’s own seats, staying at home. They are not short of alternatives. In every seat DAP is defending there is a candidate who sat on no Pardons Board, advised no pardon and signed no gazette. The question for a voter in Kota Melaka is no longer whether DAP was right about 1MDB. It is whether DAP is still the party that acts on it.
Melaka votes on 14 November. DAP is defending four seats and has spent the campaign asking its supporters not to split the vote with a new party run partly by its own former state leaders. A party that has to plead with its base has already lost the argument it is pleading on. Beyond Melaka is Sarawak, where in 2021 DAP stood in twenty-six seats and won two. The one thing it could sell in Kuching and Sibu was that it had never compromised. That is no longer for sale.
I wrote last December that the sentences handed to the former Prime Minister had piled up past the point where anyone could say when they would end, and that the law owed the country a clear finish. The Pardons Board has now provided one. It is not the finish DAP wanted. But a party inside the Madani government has to carry out a decision its own Prime Minister advised, and it should have told its supporters years ago that such decisions exist. DAP told them only that it would never let this happen. There is nothing new about a Chinese-based party in government having to carry a decision its voters dislike. What is new is a party that spent two decades calling that a betrayal and now asks for the same understanding.
The Malay vote that returned to the big parties in Johor and Negeri Sembilan is sometimes called a wave, as if it were weather. It was a verdict. DAP’s own supporters have reached the same verdict more quietly. Wawasan Negara stands between the two large Malay parties, and it stands with any partner, of any community, that tells its voters the truth about what coalition costs.
So what should a party in DAP’s position have done? Could it have said, in 2018, that it would prosecute without fear and accept the outcome of the courts and the Pardons Board without complaint? Could it have told its base that being in government means carrying out decisions you argued against? The honest position for any party in a coalition is to tell its supporters in advance that it will lose some arguments inside the Cabinet, and to say which losses it will accept and which it will not. It would have won fewer cheers. It would have kept more voters.
The pardon will stand. The former Prime Minister will serve his time in Taman Duta. The Attorney General will find a way to withdraw his objection, and the Secretary-General will leave on his chosen date. DAP will still be in government, and its supporters will still be deciding whether that was the point.
Scandals make governments. They do not make parties. DAP has had eleven years to learn the difference. Melaka’s Chinese voters will tell us on 14 November whether they still believe it.
Datuk Omar Mustapha is Vice President of Parti Wawasan Negara.