KUALA LUMPUR – The legitimacy of Tan Sri Muhyiddin Yassin as prime minister and Perikatan Nasional (PN) as the nation's governing body is questionable until the MPs cast their votes on a motion of confidence in Parliament next month.
Former Federal Court judge Datuk Seri Gopal Sri Ram said statements expressing or withdrawing support for a political leader must be done in Parliament.
“Such statements have no effect on constitutional law. The floor of the Dewan Rakyat is the proper place to test the confidence. You see, even if 30 or 40 people make statements outside the Dewan, it amounts to nothing.”
He said this in response to the current political turmoil following the announcement by Umno president Datuk Seri Ahmad Zahid Hamidi on the party’s decision to withdraw support for the prime minister and PN government.
Sri Ram said making statutory declarations to withdraw support for the prime minister is also useless as the current government is still in power.
“The opposition (MPs) may vote to keep the government in power because they don’t want a general election. So, what happens on the floor of the Dewan Rakyat will ultimately decide whether the government has the confidence or no confidence (of the MPs). That’s all,” he said.
Similarly, lawyer Shahir Ab Razak said if there is a no-confidence motion against the prime minister, it should also go through a voting process in Parliament.
“The most suitable medium to express support for a leader is in Parliament. As long as the motion of no confidence against Tan Sri Muhyiddin is not tabled, debated and voted in Parliament, he will remain prime minister.
“According to the Umno president, they (Umno MPs) are not supporting Muhyiddin... but not all of them, just a few. So, if they go to Parliament, we can find the exact number of those who do and do not support him. Muhyiddin will stay as prime minister even if Umno withdraws its support for him,” he said.
Shahir said Article 43(4) of the federal constitution also states that if the prime minister ceases to command the confidence of the majority of the Dewan Rakyat, unless at the request of the Yang di-Pertuan Agong to dissolve Parliament, the prime minister shall tender the resignation of the cabinet.
He said Muhyiddin’s move in announcing the tabling of a motion of confidence at the Parliament sitting next month is appropriate as it is a definitive way to resolve the issue that has been raised by many.
“Only through voting in Parliament can we ascertain whether or not the prime minister still commands the confidence of the majority of the MPs,” the lawyer added.
Meanwhile, National Professors Council senior fellow Jeniri Amir said Muhyiddin’s bold announcement was welcomed as it is not only in line with the constitution and the law, but also meets the demands of all quarters.
“When the prime minister said he had informed the king and provided evidence that he still has majority support from MPs, this means that he has convincing evidence. The statement was made based on solid evidence and not mere allegation.
“Now, Muhyiddin just needs to prove that he still has the majority support of the MPs, and the Parliament process can ascertain that support,” he said, adding that only a motion of confidence can provide relief and restore the people’s trust that the political turmoil in the country can be resolved. – Bernama, August 12, 2021
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