BERSIH 2.0 considers Prime Minister Tan Sri Muhyiddin Yassin’s offer of a range of important institutional reforms in exchange for support from the opposition in the upcoming vote of confidence in the Dewan Rakyat as a step in the right direction for political stability and parliamentary democracy in our country.
But, such confidence and supply agreements for a minority government to remain as a functioning government should not come only from Muhyiddin, but also from other aspirants to the office of the prime minister and the next government, and we call on them to compete on these reforms in order to form a stable administration that addresses the many flaws in our political system at the same time.
Meanwhile, Muhyiddin’s admitted loss of majority necessitates him to prove his resurrected majority in Parliament on a motion of confidence if he does not resign or seek dissolution immediately in accordance with Article 43(4) of the federal constitution.
Our full position is as below:
1. Muhyiddin cannot hold on to power till after the royal address in September. The address represents not the personal opinion of the Yang di-Pertuan Agong, but the administration’s governance plan. While Muhyiddin has the right to prove his majority in Parliament, this does not allow him to delay it as long as it suits him.
If he is defeated, the new government must be given time to prepare its own royal address. The Agong must not be asked to read two royal addresses within weeks, tarnishing this important procedure in parliamentary democracy. His insistence on having the motion tabled on September 7 after the royal address is irresponsible.
2. We strongly encourage the opposition camp, now consisting of potentially up to 120 anti-Muhyiddin parliamentarians, to match the competition put up by the Perikatan Nasional government by quickly presenting a majority of 111 or more, with a stronger package of reforms that affirms multi-partisan governance. Such a mechanism to prove that the opposition has the majority before they can remove an incumbent is termed a “constructive vote of no confidence”.
It deserves to be considered in order to avoid public apprehension of a ministerial vacuum – as what happened between the collapse of the Pakatan Harapan government on February 24, 2020 and the formation of the PN cabinet on March 8 the same year.
3. The reform package offered by Muhyiddin is far from comprehensive or flawless. We strongly urge both the PN government and opposition camp led by PH and Umno to offer these in their package of reform and stability:
a. Inclusive policymaking on pandemic-related issues via a federal-state council on health and economy co-chaired by the prime minister and Parliament, consisting of senior ministers, senior opposition MPs, all 13 menteris besar and chief ministers, and technocrats/experts.
b. A cabinet manual that defines clearly constitutional conventions and other administrative rules on important matters, including government formation, caretaker governments, prerogatives of the parliamentary opposition leader, and his/her shadow ministers.
c. Wider parliamentary reform beyond the setting up of more parliamentary special select committees and equal allocation of committee chairmanships, which must cover the prime minister and speaker’s agenda-setting power, priority for motions of confidence and no confidence, Parliamentary Service Act, and private member’s bills.
d. Reform of the Attorney-General’s Chambers, Malaysian Anti-Corruption Commission and Inland Revenue Board to eliminate selective prosecution and impunity.
e. Widely available opportunities for absentee voting and broadcast campaigning to minimise the health hazards of holding elections during the pandemic.
f. Reform of the electoral system and institutions governing elections and political parties, covering the Election Commission and Registrar of Societies, the introduction of party-list proportional representation seats with a gender quota, and recall elections.
4. To underline its commitment to reform and reverse the public’s trust deficit, the PN government must immediately:
a. Have the Dewan Rakyat’s Standing Orders amended to prioritise future motions of confidence or no confidence, before the confidence vote on the special sitting;
b. Implement Undi18 by simply gazetting the next working day as the date that the constitutional amendment comes in force.
c. End all arrests, prosecution and harassment of government critics, and facilitate the peaceful #Lawan assembly on August 21. – The Vibes, August 14, 2021
Bersih 2.0 is a non-governmental coalition campaigning for free and fair elections in Malaysia
