Malaysia

‘Illegal, unconstitutional’, Mas Ermieyati says on cooperation agreement

MoU in support of PM ahead of confidence vote dangerous, unenforceable, she says

Updated 3 years ago · Published on 17 Dec 2022 10:13AM

‘Illegal, unconstitutional’, Mas Ermieyati says on cooperation agreement
Datuk Mas Ermieyati Samsudin (pic) says the prime minister and government parties cannot rely on Article 49A of the federal constitution to threaten MPs to vote in support of Datuk Seri Anwar Ibrahim on December 19 or subsequently in confidence-related matters. – SAIRIEN NAFIS/The Vibes pic, December 17, 2022

KUALA LUMPUR – “Illegal, unconstitutional, dangerous and unenforceable” – That is how Bersatu’s Masjid Tanah MP Datuk Mas Ermieyati Samsudin describes the agreement (MoU) signed to pledge support for Datuk Seri Anwar Ibrahim ahead of the confidence vote on Monday.

She said that the prime minister and the government parties cannot rely on Article 49A of the federal constitution to threaten MPs to vote in support of Anwar on December 19 or subsequently in confidence-related matters. 

“Clause 4 of the MoU states that MPs must vote in support of the PM in any confidence motion or supply bill or any motion that has an effect upon the legitimacy of the current government. 

“By virtue of Clause 4(b), if any of these government MPs fail to vote as dictated, they will be deemed to have vacated their seat in accordance with Article 49A of the federal constitution.

“Article 49A does not cause any parliamentary seat to be vacated because of the manner an MP votes. It only deals with a situation where an MP resigns or ceases to be a member of his party,” she said in a statement today.

She also claimed that Anwar and the government party leaders “deceitfully chose to ignore” the July 18 report by the parliamentary select committee on anti-hopping law, which also said “an MP who does not vote according to party directions will not lose his seat under Article 49A”. 

“Clearly, they deceitfully chose to ignore it in a desperate attempt to frighten and intimidate their own MPs into toeing the line, despite the damage it does to parliamentary democracy.

“The threat and intimidation created by this MoU against MPs from government parties is a prelude to dictatorship. It has no place under our democratic system.”

Mas Ermieyati is also the vice-chief of Bersatu’s Srikandi. Her party is part of the opposition coalition of Perikatan Nasional.

According to Article 4 under the title Confidence Motion and Supply Bill of the Cooperation Agreement Among Coalitions in the Malaysian Unity Government signed yesterday, MPs in the unity government who fail to vote or support the prime minister in motions relating to confidence votes, supply bills or procedural motions with effect on the federal government’s stability will be deemed to have resigned.

The political party coalitions of Pakatan Harapan, Barisan Nasional, Gabungan Parti Sarawak, Gabungan Rakyat Sabah, and Warisan yesterday signed an agreement in Putrajaya to seal their cooperation in the unity government.

Other objectives contained in the agreement include upholding the supremacy and rule of law, the independence of the judiciary and public institutions, and the effectiveness and professionalism of security forces.

The agreement also spells out the need to strengthen the principle of separation of powers between the executive, legislative and judicial branches so that the federal government system has strong checks and balances to prevent centralisation of power and abuse. – The Vibes, December 17, 2022

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