IN the first part of my article, I mentioned that having a Deputy Prime Minister (DPM) isn’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.
The DPM doesn’t need to be an MP or Senator unless they hold a Cabinet portfolio, but they can also hold the position without a Cabinet portfolio.
In that case, they can assist the PM including by heading the PM’s Department or PM’s Office, act as Special Envoy and trouble-shooter.
If the PM resigns, retires or dies in office, the whole Cabinet goes with the PM.
If the DPM is appointed as the PM, it’s a whole new beginning. The constitutional provisions apply.
The Opposition, in principle, earlier accepted what was reiterated during the press briefing in Kedah viz. participation in the Special Committee On COVID-19 Vaccine Supply (JKJAV) and the National Recovery Council (NRC).
The details await a meeting between the Government and Opposition.
The JKJAV and NRC, by its very nature, should comprise subject matter experts who are apolitical i.e. unconnected with either side. Instead, the reading stands that the JKJAV and NRC will comprise lawmakers across the political divide.
Tan Sri Muhyiddin Yassin, as Caretaker PM, did not offer the JKJAV and NRC roles to the Opposition.
In any case, the onus was on the Opposition on the two roles if it had accepted his 7-Point Plan.
Briefly, the 7-Point Plan has been reported as Senior Ministerial perks for the Opposition leader, anti-defection Bill, lawmakers get equal allocations, balanced representation in Special Parliamentary Select Committees, voting rights for those who have reached 18 years, discussion of Bills with the Opposition, and having the GE15 by July 2022.
The Opposition Leader felt the 7-Point Plan was all about “saving Muhyiddin” and therefore rejected it. Pakatan Harapan (PH) was left with no choice but go along with it.
It has been reported that there was significant support within DAP for Muhyiddin’s 7-Point Plan.
Ismail Sabri has not mentioned the 7-Point Plan so far.
If he does eventually make the same offer, the Opposition will be in a difficult position. If it accepts, it will have to explain why it didn’t accept Muhyiddin’s offer.
If Ismail Sabri does not make the same offer, i.e. 7-Point Plan, the people will wonder what the Opposition achieved by allowing the Barisan Nasional (BN) to seize the reins of power in Putrajaya.
BN lost GE14 on May 10, 2018 after maintaining 61 years of uninterrupted power.
Fast forward to Aug 21, BN no longer has legitimacy. It has no consent of the governed and sovereignty resides with the people.
In this case, it can be said that the people have lost their sovereignty to 15 Umno MPs who pulled out from the Muhyiddin Yassin Government in early Aug and brought about its downfall.
The people also lost their sovereignty when Muhyiddin was sworn in as Prime Minister on March 1 last year.
PN+, needless to say, had no legitimacy. It had no consent of the governed. The Guardian in England, in a written opinion piece, described March 1 last year as a “royal coup”.
Under Article 39, Executive authority of Federation, subject to the provisions of any federal law and of the Second Schedule, the Agong delegates executive authority. No court will go against the head of state on the performance of his role. The matter is non-justiciable.
DAP with 42 seats in Parliament, when push comes to shove, may strike a confidence and supply agreement (CSA) with Ismail Sabri and support him on Bills in Parliament.
DAP did stress in recent days that their first priority was an alternative majority led by the Opposition Leader who has 35 seats in PKR plus one Independent in Parliament.
Datuk Seri Anwar Ibrahim gathered support from 105 MPs before Ismail Sabri was appointed.
Gua Musang MP Tengku Razaleigh was the lone wolf. He supported no one and sat as an Independent, on the Opposition side, in Parliament.
If DAP gets a CSA with Ismail Sabri, Amanah with 11 seats in Parliament can be expected to jump on the bandwagon. – 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.
