Malaysia

Enact Fixed Term Parliament Act to prevent Dubai Moves, says movement

Proposed law would constrain PM’s power to seek early dissolution of legislature, says Projek Sama.

Updated 2 years ago · Published on 14 Jan 2024 12:54PM

Enact Fixed Term Parliament Act to prevent Dubai Moves, says movement
With an FTPA, Parliament must serve its full term of five years. The exception to this would be if the prime minister has lost the confidence of parliament, or two-thirds or more MPs pass a resolution to call for an early dissolution. – The Vibes file pic, January 14, 2024.

A PUBLIC INTEREST movement advocating institutional reforms in Malaysia has urged the government to enact a “Fixed Term Parliament Act” (FTPA) in the upcoming parliamentary session in March to bring stability and accountability.

The group behind an initiative called Projek Sama (short for Project – Stability and Accountability for Malaysia) stressed that the proposed law was a manifesto promise of Pakatan Harapan (PH) in the 15th general election of 2022.

It was also one of the reforms called for by 33 NGOs and 52 individuals in the 2024 new year message initiated by Projek Sama.

With an FTPA, the government would not be distracted by schemes like the Dubai Move. It said this in welcoming the proposal made by Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi yesterday to enact a law to prevent mid-term change of government.

Projek Sama explained that an FTPA would constrain the prime minister’s power in seeking royal consent for an early dissolution of parliament but leave completely untouched the Yang di-Pertuan Agong’s power under Articles 40(2)(b) and 43(4) to withhold his consent.

“The king can still reject any request for early dissolution while the prime minister has to share the power to make such a request with fellow parliamentarians. This makes early elections harder,” it said in a statement today.

“The Madani government should start public consultation now for an FTPA bill to be tabled and passed in the upcoming parliamentary sitting in March.”

With an FTPA, Parliament must serve its full term of five years. The exception to this would be if the prime minister has lost the confidence of parliament, or two-thirds or more MPs pass a resolution to call for an early dissolution.

“With that, the prime minister cannot, at his whim and fancy, seek to dissolve the parliament before its full term, unless he loses the power.

“The decision to seek royal consent must lie within the House to minimise political adventurism, to assure an inclusive and stable parliamentary democracy.”

Abuse of statutory declarations

Projek Sama stressed that fixed electoral calendars not only feature in presidential and semi-presidential democracies like Indonesia and Taiwan but are also increasingly popular in parliamentary democracies such as Norway, Sweden and states in Australia.

A key feature of an FTPA is that it can stop any move that hopes to overthrow a sitting government by collecting statutory declarations (SDs) from parliamentarians, it said.

The FTPA can limit “loss of confidence” to any of the following three circumstances: the passing of a no-confidence motion, the defeat of a confidence motion, and the defeat of a budget (supply bill) in the second or third reading.

“The abuse of SDs by using them as tools of destabilisation is an exploitation of the federal constitution’s silence in Article 43 on the method in ascertaining parliament’s confidence in government or the loss thereof,” the group said.

“Projek Sama opines that counting of SDs by parliamentarians is in an underhanded and undemocratic way of forming and dismissing governments.”

It added that the FTPA can close this gap without contradicting the federal constitution or having a need to amend it.

Any formation or dismissal of government should happen by way of confidence and supply votes on the floor of the Dewan Rakyat where MPs can cast votes openly, it stressed.

The group also call for a confirmatory vote of confidence soon after the appointment of every new prime minister.

Both reforms should also be introduced in all states, it said. – The Vibes, January 14, 2024

Related News

Malaysia / 1mth

MP to raise commingled oil cargo tax uncertainty in Parliament

Malaysia / 2mth

No discussions yet regarding general election – Zahid

Malaysia / 3mth

BNPL users hit eight million as outstanding balances reach RM5.3b

Malaysia / 3mth

Speaker reminds MPs not to skip parliamentary sessions

Malaysia / 3mth

Hamzah back in the saddle as opposition leader after brief shake-up

Malaysia / 3mth

Muhyiddin's seat in Dewan Rakyat moved to Block E

Spotlight

Malaysia

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

Target employers and corrupt networks, not just illegal migrants at 224 hotspots - MCW

Malaysia

Declining birth rate among the Chinese community worrying, says Penang Exco

By Ian McIntyre

Malaysia

Malaysia records 69,001 face-to-face fraud cases in 2025

Malaysia

Cable thieves face tougher punishment as govt targets rail disruptions

Malaysia

Preliminary report on helicopter crash in Long Lellang released; probe ongoing

Malaysia

Senior political party leader caught for khalwat - (updated)

Malaysia

Party questions MOE’s shifting haze policy as school closure threshold returns to 200

Malaysia

Donating to Najib: ‘One of the most foolish things I have seen’ – UM student