MALAYSIA’S new Prime Minister Datuk Sri Ismail Sabri has ruled out a “unity Cabinet” during a press briefing in Sungei Petani, Kedah on Aug 23, although the Yang di-Pertuan Agong has publicly decreed that “the winner does not win all, the loser does not lose all”.
Article 43(2)(a) provides for the appointment of the Cabinet as well.
Former Prime Minister Tan Sri Muhyiddin Yassin’s all-Malay, all-Muslim and all-Bumiputera Government, mooted by PAS according to Marang MP Abdul Hadi Awang in a candid moment in the media, proved unsustainable.
The Agong also decreed that the Prime Minister must put his majority to the test as soon as possible.
We don’t know when this will happen.
Muhyiddin called for Parliament to reconvene on Sept 6. However, Ismail Sabri has made no mention of the confidence motion.
Of course, according to the Constitution, the Government does not have to introduce such a motion. Also, the Prime Minister has just been sworn in viz. on Aug 21.
The issue in law here probably remains that the Agong appointed the PM on the condition that he face the confidence motion.
Senate President Rais Yatim told Utusan Malaysia on Aug 23 that the PM should face the confidence motion so that no one will question his appointment.
Speaker Azhar Harun may feel bound by the precedent established in early May last year by his predecessor Mohd Ariff Yusof.
The then-Speaker rejected a motion by Semporna MP Datuk Seri Shafie Apdal to table a motion of confidence in Langkawi MP Tun Dr Mahathir Mohamad.
Mohd Ariff cited Article 43(2)(a) of the Federal Constitution, which gives the Agong the power to appoint a prime minister.
This remains about the letter of the law. In the rule of law, the basis of the Constitution, there’s greater emphasis on the spirit of the law.
The Speaker’s ruling has become public record in the Hansard.
Meanwhile, Article 63 – Privileges of Parliament – holds, among others in five clauses, that “the validity of any proceedings in either House of Parliament or any committee thereof shall not be questioned in any court”.
The risk remains that the Opposition may turn the confidence motion into a no-confidence motion.
Article 43(4)(a) covers a Prime Minister who ceases to have majority in Parliament.
If the Ismail Sabri Government falls, cautioned former Law Minister Zaid Ibrahim to the media, the Agong should be guided by parliamentary convention and invite the Opposition leader to form the Government.
The Government has only 114 seats in Parliament, separated from the Opposition by four seats in the 222-seat Chamber.
Two seats, Batu Sapi and Gerik, are vacant, while 68 of the 114 votes were conditional.
Item 4(c) of Speaker Azhar Harun’s letter on Aug 17 to lawmakers, on behalf of the Istana, it is required that MPs declare their “clear, unambiguous, and unconditional” confidence in their candidate of choice for the prime minister’s post.
The Perikatan Nasional’s myriad conditions, extensively reported, are very much alive.
It contributed 50 votes. It has been reported that the Umno Supreme Council considers “Muhyiddin’s conditions” as a “threat”.
Briefly, Perikatan Nasional (PN) wants the Cabinet to be free of lawmakers facing charges in court.
Furthermore, it wants the new prime Minister to abide by the Doctrine of Separation of Powers, respect the independence of the judiciary, uphold the Federal Constitution and run the Cabinet on the consensus principle i.e. no voice against.
The 18 votes from Gabungan Parti Sarawak (GPS) may be academic since the Agong didn’t pick an alternative candidate.
It’s not known whether the Sarawak coalition wants a second Deputy Prime Minister (DPM) from the Borneo territories as it wasn’t mentioned in the Constitution.
It’s an appointment based on the Prime Minister delegating authority by administration.
The DPM, unlike the PM and Cabinet Ministers, isn’t appointed by the Agong because, again, it’s not in the Constitution. – Aug 25, 2021
Joe Fernandez is a longtime Borneo watcher and a regular FocusM contributor.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
