ANY proposed motion of no confidence against the Prime Minister must first be submitted and accepted by the Speaker of the Dewan Rakyat before it can be debated, according to Professor Datuk Dr Shamrahayu Ab Aziz of the International Islamic University Malaysia.
In comments made to Sinar Harian, the constitutional law expert emphasised that all motions—regardless of whether they originate from government or opposition benches—are subject to parliamentary procedure and require the Speaker’s approval.
“The first step is to file the motion so that it can proceed in accordance with the rules of the House,” she explained. “Once approved, the question of whether it should be a secret ballot or not may be raised with the Speaker. That is merely a matter of voting procedure.”
Her remarks were in response to PAS Information Chief Ahmad Fadhli Shaari’s call for a secret vote should the opposition bring forward a no-confidence motion against Prime Minister Datuk Seri Anwar Ibrahim.
Professor Shamrahayu clarified that the Prime Minister has no legal authority over such motions, as the decision to allow them lies solely with the Speaker.
“If there is genuine intent, prove it by tabling the motion. The Prime Minister has no formal role in allowing or rejecting it. Politically, he may have influence, but legally, the requirements must be met.”
She added a vote of no confidence is part and parcel of a functioning parliamentary democracy, provided it is executed within the legal framework.
As an example, she pointed to the 2020 incident in Perak where then-Menteri Besar Datuk Seri Ahmad Faizal Azumu brought a confidence motion that failed to garner majority support, thereby becoming a de facto vote of no confidence.
She also cited the case of former Prime Minister Tun Dr Mahathir Mohamad, who was said to have lost majority backing outside the Dewan Rakyat, illustrating that shifts in political support can occur beyond the chamber floor.
“In line with democratic practice, such a motion can certainly be brought forward—so long as it adheres to parliamentary rules,” she added. - August 12, 2025
