Malaysia

PM’s appointment, govt’s formation in line with law: AG

With powers accorded by constitution to Agong, there’s no need for legitimisation by other parties, Tan Sri Idrus Harun says

Updated 5 years ago · Published on 04 Sep 2021 6:17PM

PM’s appointment, govt’s formation in line with law: AG
Attorney-General Tan Sri Idrus Harun says the prime minister’s appointment by the Agong on August 21 is in line with Articles 40(2)(a) and 43(2)(a) of the constitution. – Bernama pic, September 4, 2021

KUALA LUMPUR – The appointment of the prime minister and formation of the government were done according to the law, said Attorney-General Tan Sri Idrus Harun.

He said the federal constitution empowers Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah to appoint a prime minister from among Dewan Rakyat members whom His Majesty believes has majority support.

“If the appointment of a new prime minister still requires legitimisation by any parties other than His Majesty, this means that His Majesty’s absolute power can be overcome by others.

“Such a move is inconsistent with the provisions of the federal constitution. It also negates His Majesty’s powers as enshrined in the federal constitution.

“Based on this, there is no need to legitimise the appointment of the prime minister and the government that has been formed, (which was done) in accordance with the law,” he said in a statement today.

He said the appointment of Prime Minister Datuk Seri Ismail Sabri Yaakob by the Agong on August 21 is in line with Articles 40(2)(a) and 43(2)(a) of the constitution.

“Article 40(2)(a), which provides the Agong with discretionary powers to appoint a prime minister, should be read in conjunction with Article 43(2)(a), which states that the prime minister shall be appointed from among members of the Dewan Rakyat at His Majesty’s discretion, whom he believes commands majority support.

“It is clear that the Agong has a constitutional responsibility and absolute powers to appoint a prime minister.”

He summarised the events that took place prior to the prime minister’s appointment.

“His Majesty went through the process to determine whether a person has the trust of the majority of the members of the Dewan Rakyat.

“Towards this end, His Majesty held a face-to-face session with the heads of the country’s major political parties on August 17, where all 220 (living) Dewan Rakyat members were asked to state their prime minister of choice via statutory declarations.”

Datuk Seri Ismail Sabri Yaakob officially became prime minister after taking his oath of office on August 21. – Reuters pic, September 4, 2021
Datuk Seri Ismail Sabri Yaakob officially became prime minister after taking his oath of office on August 21. – Reuters pic, September 4, 2021

The SDs were submitted to Istana Negara on August 18, and the Agong met with 114 lawmakers to validate their support for Bera MP Ismail Sabri to be appointed prime minister, he said.

Ismail Sabri officially became Malaysia’s ninth prime minister after taking his oath of office on August 21 before the Agong at Istana Negara. 

The 61-year-old Umno vice-president wore a black baju Melayu, gold-embroidered black samping and songkok, and was accompanied by his wife Datin Seri Muhaini Zainal Abidin at the ceremony.

The swearing in was held in the presence of 30 VIPs, including Ismail Sabri’s predecessor Tan Sri Muhyiddin Yassin, in the palace’s Dewan Singgahsana Kecil.

Barisan Nasional adviser Datuk Seri Najib Razak, Umno president Datuk Seri Ahmad Zahid Hamidi, Sarawak Chief Minister Datuk Abang Johari Openg, MCA president Datuk Seri Wee Ka Siong, MIC deputy president Datuk Seri M. Saravanan and PAS president Datuk Seri Abdul Hadi Awang were among the politicians present.

Raja Permaisuri Agong Tunku Azizah Aminah Maimunah Iskandariah also graced the ceremony.

After being sworn in, Ismail Sabri signed the instruments of appointment, before Federal Territories Mufti Datuk Luqman Abdullah led a doa recital.

The event lasted just 10 minutes, after which the king and queen left the hall accompanied by Ismail Sabri for a photo session.

The search for a new prime minister began after Pagoh MP Muhyiddin resigned on August 16 in a special televised address to the nation from the prime minister’s office at Perdana Putra in Putrajaya. – The Vibes, September 4, 2021

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