Although former Malaysian Prime Minister Najib Razak has paid a fine of RM50 million, his home sentence is still suspended due to disputes over legal interpretation. Head of State Sultan Ibrahim issued a statement emphasizing that the conditional amnesty order is clear and unambiguous. Any argument that questions this order risks violating the order of the Head of State. How the subsequent legal disputes will be resolved and when Najib can return home to serve his sentence continue to affect the Malaysian political arena.
Najib Razak was granted a conditional pardon on September 18 this year, allowing him to serve the remainder of his sentence at home until August 23, 2028, after paying a fine of 50 million ringgit (approximately NT$400 million) and complying with relevant conditions. After UMNO paid the fine on November 6, the High Court issued relevant orders, and Najib's residence was also gazetted as a prison, but the home sentence arrangement was suspended that night due to legal disputes, and he was still detained in Kajang Prison.
Changes in Najib's home sentence have triggered political effects. Umno supporters demand the immediate implementation of the home sentence order and a thorough investigation into the authority of the Attorney-General's Office to suspend execution. Deputy Prime Minister and Umno Chairman Ahmad Zahid Hamidi said today that "the home sentence arrangement is implemented based on the final decision made by the Yang di-Pertuan Agong." The Attorney-General's Office has the responsibility to interpret the law and constitutional provisions, and there is no need to leave it to the courts.
Prime Minister Anwar Ibrahim stated on the 7th that the authority and decisions of the Head of State have never been questioned, and instructed the Attorney General to seek an audience with the Head of State as soon as possible to explain the remaining sentence in the SRC International case and the legal issues involved in another 1MDB case. The Prime Minister's Office subsequently confirmed that the Attorney General had requested an audience with the Head of State.
Looking back on this controversial incident, the Attorney General's Office stated in a statement on the 6th that it mainly involves how to interpret the words "under the condition of paying a fine of RM50 million, the remaining sentence will be served at home until August 23, 2028", and the impact of this interpretation on the remaining sentence in the SRC International case.
The first explanation is that the payment of a fine of RM50 million is only the fine part of the penalty. The prison sentence in the SRC International case will still continue until August 23, 2028. Under this interpretation, a home sentence is an alternative method or place for serving the remainder of a custodial sentence and is not a termination of a custodial sentence.
The second explanation is that the payment of a fine of RM50 million is a condition for the amnesty to take full effect, which will form the legal effect of all penalties in the SRC International case, including prison sentences, being deemed to have been completed.
In addition, the Attorney-General's Chambers stated in a statement that the "Release Order on Payment of Fine" issued by the High Court on the 6th not only directed Najib's immediate release, but also stated that he must serve the remainder of his sentence at home until August 23, 2028. Therefore, it is necessary to clarify its legal effect.
The Attorney-General's Chambers stated in a statement that the legal status of the remaining prison sentence in the SRC International case also affects the execution of Najib's prison sentence in the 1Malaysia Development Bhd (1MDB) case, especially as the court order stipulates that the 1MDB sentence must begin after the completion of the prison sentence in the SRC International case. The High Court rejected the application to suspend the execution of the sentence in the 1MDB case on October 14.
However, the National Palace issued a statement on the 7th stating that the power of amnesty is a royal prerogative conferred by Article 42 of the Federal Constitution. This conditional pardon order is clear, unambiguous, without any ambiguity and is not related to any other case in which he is involved. The exercise of this power should be respected in accordance with the status of the constitutional monarchy and the principles of the rule of law. Given that all the conditions of the Conditional Amnesty Decree have been fulfilled, any argument questioning this decree risks violating the decree of His Majesty the Yang di-Pertuan Agong.
The Attorney-General's Chambers issued a separate statement on the same day clarifying that it did not question or intend to suspend the conditional pardon order. If the sentence in the SRC International Company case is still valid, there is no problem in serving the remaining sentence at home; however, if the sentence in the case is legally deemed to have been completed after payment of the money, the court must determine the impact on the start of the sentence in the 1MDB case.
Najib, 73, was convicted of criminal breach of trust, abuse of power and money laundering in July 2020 for transferring RM42 million from SRC International, a former subsidiary of sovereign wealth fund 1MDB, to his personal account. He will be imprisoned in August 2022 to serve his sentence.
He was originally sentenced to 12 years in prison and a fine of RM210 million. In February 2024, he was pardoned and his sentence was reduced to six years and the fine was reduced to RM50 million.
In addition, Najib was convicted in December 2025 in a major corruption case involving 1MDB and sentenced to another 15 years in prison. He is currently appealing. The court ordered that this sentence must begin after the sentence in the SRC International case is completed, instead of serving the sentences in both cases at the same time.
