Malaysia

Will he, won’t he: confidence vote for Ismail Sabri will quell arguments, say analysts

Not tabling it would go against king’s decree for immediate test of legitimacy

Updated 2 years ago · Published on 04 Sep 2021 9:00PM

Will he, won’t he: confidence vote for Ismail Sabri will quell arguments, say analysts
Prof Wong Chin Huat says it is in Datuk Seri Ismail Sabri Yaakob’s best interest to have a vote of confidence now, especially if he can strike a confidence-and-supply agreement with Pakatan Harapan. – The Vibes file pic, September 4, 2021

by Isabelle Leong

KUALA LUMPUR – As the country waits for the Dewan Rakyat to convene again on September 13, all eyes will be set on whether Prime Minister Datuk Seri Ismail Sabri Yaakob tables a vote of confidence on his leadership.

Expectations have intensified after opposition leader Datuk Seri Anwar Ibrahim claimed Ismail Sabri had apparently hinted at not wanting the vote to be held.

On Saturday night, Anwar, who is PKR president and Port Dickson MP, had claimed that after their meeting on August 25, Ismail Sabri had whispered “maybe there is no need for a vote of confidence” to him.

Analysts have maintained that tabling the vote of confidence is imperative to quell arguments pertaining to the matter.

Prof Wong Chin Huat, from the governance studies division at the Jeffrey Cheah Institute on Southeast Asia, is of the view that a motion of confidence will benefit Ismail Sabri, especially if he can seal a confidence-and-supply agreement (CSA) with the opposition bloc.

“It is in Ismail Sabri’s best interest to have a vote of confidence now, especially if he can strike a CSA with Pakatan Harapan,” Wong said to The Vibes. 

If he wins it (vote of confidence) with a larger number than 114, he would have the legitimacy to survive for a few months even if his government makes some blunders later.”

Ismail took his oath of office on August 21.

Three days before that, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had decreed that the newly appointed prime minister must immediately test his legitimacy of majority support among Dewan Rakyat members by tabling a vote of confidence in the august house.

At the time of writing, no such motion of confidence is scheduled in the order paper for the Dewan Rakyat when it reconvenes on September 13. 

It is understood that it is not uncommon for the Dewan Rakyat to include a last-minute motion to the order paper.   

Previously, when Tan Sri Muhyiddin Yassin was prime minister, Parliament had allocated September 6 for the royal address while the vote of confidence was set for September 7. However, this was not to be as Muhyddin resigned much earlier on August 16.  

Wong said that if Ismail Sabri, who is Umno vice-president and Bera MP, decides to go against the king’s decree, it would indicate two possibilities. 

The first is that he has failed to get the CSA with the opposition. 

“Second, he is delaying the vote, which can be tabled anytime he likes until the CSA is signed,” Wong said. 

“If it’s the former case, Ismail Sabri may soon face a (passing of) budget challenge like Muhyiddin did last year.  

“His only advantage is that the opposition will likely invite public annoyance if they don’t have a shadow budget of their own but just want to try their luck again (at disrupting the prime minister’s leadership),” the political scientist said.

Prof Kartini Aboo Talib believes there is no need for a confidence vote to be tabled in Parliament. – UKM pic, September 4, 2021
Prof Kartini Aboo Talib believes there is no need for a confidence vote to be tabled in Parliament. – UKM pic, September 4, 2021

‘Vote of confidence is moot’

Prof Kartini Aboo Talib of Universiti Kebangsaan Malaysia (UKM) shared a different sentiment. She is of the opinion that there is no need for such a vote to be tabled in Parliament.  

“If Parliament proceeds with another vote of confidence or no-confidence, the situation will go back to square one. We’ll see an endless power struggle, which will deter all efforts to implement the National Recovery Plan.

“Also, we can see and be confident that Ismail Sabri had the majority of 114 (MPs who signed) statutory declarations (to support him as prime minister). Anwar tried more than twice to prove that he had the majority and both attempts failed.

“Ismail Sabri took an oath as the prime minister based on the legitimacy of the statutory declarations. Why do we need another form of legitimacy?” she said. 

Instead, the deputy director of UKM’s Institute of Ethnic Studies said, Ismail Sabri and his cabinet should be given a chance to carry out their duties and deliver what they have promised – a healthy Malaysia.  

“I am yet to see the low-hanging fruits that the prime minister and his cabinet members can outline and achieve in managing the health and economic crises. 

“So let them do their job and prove something is moving towards a positive improvement in these 100 days. The people are tired of the political struggle for power.” 

Budget 2022 may be a proxy confidence motion

Meanwhile, Singapore Institute of International Affairs senior fellow Oh Ei Sun told The Vibes that the prime minister could delay the confidence vote until the tabling of the 2022 Budget proposal.  

“If the prime minister of the day does not subject himself to a vote of confidence, one would wonder why and question if there are more political intrigues involved. 

“Ismail Sabri could say he wants to focus on the Covid-19 pandemic and use that as an excuse to postpone the vote until the budget. As we know, the budget is construed to be a vote of confidence. 

“If he does that, he is going down Muhyiddin’s path again,” the pundit said.  

Oh pointed out that should the Umno vice-president choose to evade the elephant in the room during the Parliament sitting, it would be extremely “damaging” to the federal constitution.

“The fact that the opposition cannot raise an effective objection to him, being unable to muster a majority, basically means Ismail Sabri is still in his ‘honeymoon period’. 

“I don’t think there will be a lot of uproar (in Parliament), unlike with Muhyiddin because he was already not popular. Everyone wanted to make the last push to topple him.  

“However, I don’t think it’s right to avoid the confidence vote. If Ismail Sabri does not submit a motion of confidence, it will not do harm to him politically, but it does a lot of damage to the constitution,” he said. 

Singapore Institute of International Affairs senior fellow Oh Ei Sun says should the prime minister choose to evade the elephant in the room during the Parliament sitting, it will be extremely ‘damaging’ to the constitution. – chinareportasean.com pic, September 4, 2021
Singapore Institute of International Affairs senior fellow Oh Ei Sun says should the prime minister choose to evade the elephant in the room during the Parliament sitting, it will be extremely ‘damaging’ to the constitution. – chinareportasean.com pic, September 4, 2021

PM’s appointment, govt’s formation in line with law, says AG

The appointment of the prime minister and formation of the government were done according to the law, said Attorney-General Tan Sri Idrus Harun.

He said the federal constitution empowers the king to appoint a prime minister from among Dewan Rakyat members whom His Majesty believes has majority support.

“If the appointment of a new prime minister still requires legitimisation by any parties other than His Majesty, this means that His Majesty’s absolute power can be overcome by others.

“Such a move is inconsistent with the provisions of the federal constitution. It also negates His Majesty’s powers as enshrined in the federal constitution.

“Based on this, there is no need to legitimise the appointment of the prime minister and the government that has been formed, (which were done) in accordance with the law,” he said in a statement today.

He said the appointment of Prime Minister Datuk Seri Ismail Sabri Yaakob by the Agong on August 21 is in line with Articles 40(2)(a) and 43(2)(a) of the constitution.

“Article 40(2)(a), which provides the Agong discretionary powers to appoint a prime minister, should be read in conjunction with Article 43(2)(a), which states that the prime minister shall be appointed from among members of the Dewan Rakyat at His Majesty’s discretion, whom he believes commands majority support.

“It is clear that the Agong has a constitutional responsibility and absolute powers to appoint a prime minister.” – The Vibes, September 4, 2021

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