KUALA LUMPUR – The Pakatan Harapan (PH) presidential council has expressed astonishment at Attorney-General Tan Sri Idrus Harun’s assertion that there is no need to legitimise the appointment of the prime minister and the government as it has been done according to the law.
In a statement today, the council reminded Idrus that it is the king’s decree for a vote of confidence to be held on the new prime minister.
It said the Yang di-Pertuan Agong’s decree on August 18 clearly stated the appointed prime minister must put forth a vote of confidence as soon as possible.
“The Agong’s decree was also emphasised by the deputy Agong, and the need for this confidence motion was agreed to by all party chiefs,” read the PH statement.
Additionally, the statement noted that Idrus himself was present during the audience with the Agong in which His Majesty had decreed for the confidence motion.
“Where is the logic of our attorney-general, who is saying a confidence motion is not necessary if the prime minister is appointed by Agong when the king himself decreed it was mandatory,” the statement added.
The council said this is not the first time that a confidence motion would be held in Parliament after a new prime minister is appointed.
“A confidence motion was held on January 27, 1976, 12 days after Datuk (later Tun) Hussein Onn replaced Tun Abdul Razak, and November 3, 2003, three days after Datuk Seri (now Tun) Abdullah Ahmad Badawi replaced Datuk Seri (now Tun) Dr Mahathir Mohamad,” the statement read.
Idrus had said yesterday that 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.
On August 18, 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.
Prime Minister Datuk Seri Ismail Sabri took his oath of office on August 21.
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.
The PH council also said that this is the second time Idrus has gone against the decree of the king, and urged him to resign.
This is likely in reference to the Istana Negara’s statement on July 29 reprimanding the government for its application to revoke the emergency ordinances, backdated to July 21.
The palace had described the move as “hastily made without presenting it in Parliament”, and that “the contradictory and misleading statement in Parliament failed to respect the principle of the rule of law in the Rukun Negara”.
The statement came after Law Minister Datuk Seri Takiyuddin Hassan told the Dewan Rakyat there is no need to debate the emergency ordinances as it had been revoked.
In the statement, Comptroller of the Royal Household Datuk Ahmad Fadil Shamsuddin had said: “His Majesty is also greatly saddened that what was decreed to Law Minister Datuk Seri Takiyuddin Hassan and Attorney-General Tan Sri Idrus Harun during an online meet on July 24, that the motion to repeal emergency ordinances must be tabled and debated in Parliament for the purpose of dissolution, has not been implemented.” – The Vibes, September 5, 2021