KUALA LUMPUR – Tan Sri Tommy Thomas’ suggestion that the Pakatan Harapan (PH) cabinet should have remained following its government’s collapse in March last year is unconstitutional, said lawyer Muhammad Rafique Ali.
In a statement today, Rafique pointed towards Article 43(4) of the federal constitution, which states that, if a prime minister ceases to command a majority in Parliament, he should tender the resignation of the cabinet.
Rafique goes on to say that, on February 24 last year, it was clear that former prime minister Tun Dr Mahathir Muhammad had lost majority support in the Dewan Rakyat, following the defections of Bersatu and PKR MPs to Perikatan Nasional.
“Constitutionally, Dr Mahathir could no longer hold the post of prime minister for the PH administration, where he should have resigned unless the Agong requested a dissolution of Parliament,” Rafique said.
He said when 222 MPs met the Yang di-Pertuan Agong early last year, Dr Mahathir only had the support of about 60 MPs.
In his book, My Story: Justice in the Wilderness, Thomas expressed disagreement with Dr Mahathir’s decision to suspend his cabinet after he resigned from the top post.
He contended that Dr Mahathir’s resignation was personal, and that when prime ministers resign, their cabinet members usually stay on.
Thomas served as attorney-general from 2018 to last year, and said in his book that his resignation was inevitable once the PH government collapsed. – The Vibes, February 2, 2021
