KUALA LUMPUR – The agreement signed to pledge support for the prime minister ahead of the confidence vote is unconstitutional and invalid, said Perikatan Nasional chairman Tan Sri Muhyiddin Yassin.
He said the “dictatorial” move seemed as if Datuk Seri Anwar Ibrahim lacked the confidence to marshal majority support in the upcoming Dewan Rakyat session.
“If he is confident, there is no need to make this unconstitutional move. I’m worried that the Pakatan Harapan-led government, through this agreement, will force its lawmakers to vote on bills in the future, including constitutional amendments.
“Anwar claimed that he has the support of 148 MPs, which is two-thirds of the lower house, and that is enough to push through constitutional amendments,” he said in a statement today.
“If this dictatorial agreement is considered valid, it is not impossible for MPs to vote against their conscience and societal values.”
The Bersatu president also reiterated what was said by his party’s Srikandi vice-chief and Masjid Tanah MP Datuk Mas Ermieyati Samsudin.
She had described the agreement as “illegal, unconstitutional, dangerous, and unenforceable”.
She said 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 agreement 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 current government’s legitimacy.
“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 seats 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 claimed that Anwar and the government party leaders “deceitfully chose to ignore” the parliamentary select committee on anti-hopping law’s July 18 report, which stated, “an MP who does not vote according to party directions will not lose his seat under Article 49A”.
According to Article 4 of the Confidence Motion and Supply Bill of the Cooperation Agreement Among Coalitions in the Malaysian Unity Government signed yesterday, MPs in the current administration 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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