Tag Archives: test majority support

Show your courage, call for a confidence vote now

For the first time since he seized power in February last year, Perikatan Nasional (PN) coalition leader Muhyiddin Yassin made the correct constitutional decision to face a no-confidence vote in Parliament. Even so, he fumbled and undermined his own decision by delaying the vote by a month.

The legitimacy of the government is of urgent national importance. Any prime minister or MP worth his/her salt would immediately call for a vote in the Dewan Rakyat to test his/her support, especially when a large partner in the incumbent coalition claims that more than 11 MPs in its party, namely Umno in this case, have withdrawn their support for Muhyiddin.

PN is said to have a maximum of 110 votes in its favour in the Dewan Rakyat. Umno president Ahmad Zahid Hamidi submitted a list of 11 names of those who no longer support Muhyiddin to the Agong, of which eight names are confirmed. So, how can Muhyiddin claim he has a majority?

At this point whatever numbers Zahid or Muhyiddin claims to have are just that — claims. Until these claims are tested in the Dewan Rakyat, they remain unproven and provides no constitutional basis for any party or coalition to claim the right to form a government. So, if Muhyiddin’s PN does not have a majority and he refuses now to prove his claim that he has, what right does he have to remain in government?

He must resign or prove his majority now. He can’t wait. The playing field is level now. Waiting for a month is just a delay tactic to use his incumbency to his advantage and that is giving him unfair advantage. It must not be allowed.

Unfortunately, a precedent has been set — by himself — when in last February he got himself and his cohorts sworn in to form the government although his majority was in question. He failed to prove his majority by facing a no-confidence vote in Parliament.

He’s doing the same thing again. Remaining in government without constitutional authority.

Muhyiddin needs to understand that he came to power on the graces of the Agong — not by the constitutional authority vested on the Dewan Rakyat. Since he is using the authority of the Agong to govern, he is obligated to listen to what the Agong asks. He can not invoke his constitutional authority now when he never got it from the Dewan Rakyat until December last year when the Budget was passed giving him legitimacy.

Now his legitimacy is in question again because his majority is in question. The Agong has wisely advised that a special parliamentary session be called to discuss the emergency ordinances. Muhyiddin fails to heed the Agong and holds a Q & A session in the Dewan Rakyat with no mention of the emergency ordinances except to announce that they have been revoked. Then he postpones the last day of the meeting.

According to the news portal, Sarawak Report, the Agong advised Muhyiddin to resign three times in their last pre-Cabinet meeting but the latter said he will face a no-confidence vote to prove his majority. We don’t know if it was agreed that the no-confidence vote will be in September or that it was understood that it would be held sooner.

The postponed special parliamentary session can be easily recalled for a vote of confidence in a matter of days. Why is Muhyiddin delaying? If he has learnt from his mistake and want to correct it by following the constitution, he must call for a Dewan Rakyat sitting immediately not resort to delaying tactics to gain an advantage.

Does he not know that delaying proving a ruling coalition’s majority, and subsequently its right to govern, will only create more political and economic uncertainties as it allows for intense “frog jumping” and keeps the economy from moving forward?

The FBM KLCI remains jittery and in the doldrums unable to rise up despite Muhyiddin’s public statements. Covid 19 deaths keep breaking daily records, yet Muhyiddin asks if a change of government is good for the nation and if it will affect the National Recovery Plan (NRP).

Anyone looking at the statistics will say, a change of government is the best option. A change of administration will only cause some problems with the national vaccination programme but with good leadership that can be overcome quickly. As for the NRP, what of it? We have not seen any evidence of it. No setback there and no other aspect of government will be affected because the government is running rudderless. Instead, I suspect, there will be all-around relief!

Besides, former prime minister Tun Dr Mahathir Mohamad’s National Recovery Council under his strong and experienced leadership will do a much better job than what we are seeing now and it will draw able people from across the board.

An immediate no-confidence vote is essential for political stability and for the PN to justify its right to remain in government. If PN truly has a majority as it claims, why doesn’t it prove it with a no-confidence vote? Since February last year, PN has been claiming it has a majority but refuses to prove it. Instead, it resorted to luring MPs over and indebting them to Muhyiddin.

A no-confidence vote in the Dewan Rakyat, on the other hand, will free MPs to vote according to their conscience despite all the allurements. That will be the true test of whether Muhyiddin has the support he claims he has. The more important question is whether he has the courage to face the truth about the alleged support for him and the legitimacy of his coalition.

AG, please advise to resolve

The largest party in the Prihatin Nasional coalition, Umno, withdraws its support from the coalition but Attorney General Idrus Harun says that PN leader Muhyiddin Yassin and his Cabinet will continue to exercise their executive powers because there are no “clear facts” to show that he has lost his majority.

Idrus said the federal constitution says only MPs in a Dewan Rakyat session can determine if a prime minister has the support of the majority and majority support is not determined “through a statement by a political party or any political party leader”. He said this in a statement released following Umno president Ahmad Zahid Hamidi’s declaration to withdraw support for Muhyiddin as prime minister.

Idrus’s explanation may be the correct interpretation of the constitution but how come it was not rightly followed when PN seized control of the government in February last year? Muhyiddin claimed majority support without getting that support from MPs at a Dewan Rakyat session and marched to the Agong’s palace and got himself and the PN sworn in as the government.

By Idrus’ own interpretation of Article 43(2)(a) of the Federal Constitution which he quoted, it would mean that Muhyiddin’s claim of majority support following the Sheraton moves is also “not clear” and unproven — as pointed out by both former prime minister Tun Dr Mahathir Mohamad and Pakatan Harapan — and yet he was sworn in to lead the government.

Idrus should stop playing politics and give the proper advice to Muhyiddin to resolve the issue of legitimacy which is the only reason why the current climate of politicking is going on overdrive. Perhaps, a mistake was made in the swearing in of the PN leadership last year. If a mistake was made it should be corrected not legitimised with everyone pretending it is business as usual, like what is happening now.

Zahid withdrew support for PN but Umno MPs are continuing to serve with the PN. Umno now clarfies that it had withdrawn its support for Muhyiddin — not for PN– and its MPs can continue to work with the PN. There is also talk that Barisan Nasional (BN) MPs, which includes Umno MPs, have signed a statement declaring their support for Muyhiddin.

Well, by Idrus’ interpretation of the federal constitution, signed statements by MPs are invalid. MPs’ support must be proven in the Dewan Rakyat, which means the BN MPs statement of support will also make it “not clear” if Muhyhiddin has majority support.

A large party like Umno has left the PN. It just means PN has lost its majority but it must be tested in the Dewan Rakyat.

The special parliamentary session starting on July 26, perhaps, may provide opportunities to test the support for the PN coalition in government. However, that might pose other problems as currently no one political party has majority support which means even a no-confidence or confidence vote will prove futile since a new coalition may not emerge.

It’s no wonder that political parties are resorting to political deal-making over constitutional alternatives and the former will create more unnecessary political stress.

As AG, Idrus should demonstrate a clear commitment to the federal constitution and advise Muhyiddin on the best course of action to prove his legitimacy in the Dewan Rakyat and to step down if he fails to command the majority support of MPs. He needs to give not just Muhyiddin but the Agong the constitutional options available to both that would resolve the current political impasse. It should include the use of the Agong’s discretion if all else fails.

A good suggestion to put forward to both the Agong and Muhyiddin is Dr Mahathir’s suggestion to form a national recovery council. It will eliminate avaricious politicking and the immediate urgent need of managing the covid 19 pandemic will take precedence over chaotic power-grabbing politics.

Perhaps, that is what Idrus should suggest to Muhyiddin and the Agong. It would take us out of the current cauldron of all sorts of interpretation of constitutional legitimacy and focus on national recovery.