KUALA LUMPUR – In an attempt to solidify Tan Sri Muhyiddin Yassin’s helm in Putrajaya, Attorney-General Tan Sri Idrus Harun put forth a legal narrative to highlight the ambiguity concerning the prime minister’s support in the Dewan Rakyat.
Idrus said since it is unclear whether Muhyiddin has lost majority support in the House, clarity can be achieved only when MPs vote.
Many disagreed with Idrus’ statement, including former prime minister Tun Dr Mahathir Mohamad and the Pakatan Harapan coalition.
However, senior lawyer Datuk Seri Rajan Navaratnam suggested that the attorney-general’s legal explanation holds weight by provisions of the law.
Referring to Article 43 of the federal constitution, Rajan said it is the duty of the Yang di-Pertuan Agong to appoint a prime minister who commands the majority in Parliament.
“In the event the prime minister ceases to command such a majority, the person must resign unless the Agong calls for an election.
“As a result of the announcement made by Umno president Datuk Seri Ahmad Zahid Hamidi that his party has retracted support for Muhyiddin, many sought the resignation of the prime minister on the basis that he has lost the support of the majority MPs.”
But, Rajan said, the law is concerned with individual elected representatives, not political parties.
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In other words, a party’s retraction of support does not translate to its individual MPs also retracting support.
He added that any notion arguing that the prime minister ought to resign in such instances “is speculative, uncertain, and would not trigger the application of Article 43(4) of the federal constitution”.
“It is also noteworthy that Umno secretary-general Datuk Seri Ahmad Maslan stated the party’s Supreme Council has decided that it is for the Umno MPs to use their discretion when voting in the upcoming session of the Dewan Rakyat.
“This further fortifies the notion of uncertainty as to whether the prime minister does in fact command the majority of MPs.”
Zahid on Thursday announced that the Umno Supreme Council had decided to revoke the party’s support for the Perikatan Nasional administration with immediate effect, and called on Muhyiddin to step down as prime minister.
His announcement immediately drew questions as to Muhyiddin’s legitimacy as prime minister.
This drew parallels with the Sheraton Move that occurred in February 2020, when Bersatu pulled out of the then ruling Pakatan Harapan, resulting in Dr Mahathir resigning as prime minister. – The Vibes, July 10, 2021
