PUTRAJAYA must quickly draw up a fixed-term parliament act (FTPA) to prevent the disruption of government through early elections and to ensure better management of campaign funds, Sunway University research analyst Wo Chang Xi said.
Wo, who has just completed a report entitled "Fixed Term Parliament: Lessons from Eight Legislatures," said de facto law minister Datuk Seri Azalina Othman must work to enact the law.
“Most of the democratic reforms must start at the political level. It is up to the prime minister and coalition leaders to decide whether we need more democratic reforms such as the FTPA.
“We urge the government to adopt the FTPA and then we can discuss other matters that require constitutional amendments in the long term,” he told The Vibes.
On March 5, Azalina said the FTPA was still at the consultation stage.
“The findings of this comprehensive study will be used for policy considerations by the cabinet later,” she said.
Azalina said that the FTPA could ensure that reform agendas and policies were implemented without interruption.
Malaysia has a fixed-term parliament of five years under article 55(3) of the Federal Constitution.
“However, the prime minister has the discretion to ask the king to approve the dissolution of parliament before the end of the five-year period at any time for any reason,” she said.
Wo said parliamentary democracy in Malaysia faces two structural flaws: the prime minister’s unchecked power to call for early dissolution and defects in confidence mechanisms.
“A common problem in countries without a fixed-term parliament arrangement (is that) the prime minister wields unchecked power to call for early dissolution.
"In normal circumstances, a constitutional monarch is not expected to withhold consent for such requests, notwithstanding his personal discretionary power,” Wo said.
He said the FTPA should set a term that is semi-fixed with variable cycles and without a fixed date, like it is done in South Africa.
“No constitutional amendments are needed. The king’s discretionary power remains intact. Early dissolution (is only possible with) loss of confidence, resolution by a two-thirds parliamentary majority.
“This should to be accompanied by amendments to the Dewan Rakyat Standing Orders to codify and prioritise motions of confidence and no confidence. This should to be enacted before the next general election.”
Constitutional expert Emeritus Professor Datuk Shad Saleem Faruqi said the government must not allow itself to be ousted by party-hoppers.
“I wish to caution that the FTPA that is being proposed must go hand in hand with an effective anti-party hopping law.
“The FTPA must also deal with the maximum size of cabinet and excos under every state constitution in the country. It is immature to give the prime minister unlimited power to appoint a large cabinet as he pleases.”
He said MPs must be barred from holding executive posts in government-linked companies and statutory bodies.
“Early elections should be a matter of last resort as proposed in the report.” – May 9, 2024
