KUALA LUMPUR – The repeated and controversial use of statutory declarations (SDs) in the Malaysian political arena, particularly to determine the legitimacy of a government and its leader, may not be entirely democratic, according to experts.
Speaking to The Vibes, Universiti Kebangsaan Malaysia’s political science programme head Muhamad Nadzri Mohamed Noor took the view that SDs became a fixture in Malaysian politics following the 2009 Perak constitutional crisis.
“The issue (of SDs) arose due to a judicial decision made in 2010 after the Perak constitutional crisis, in an attempt to prevent a hung legislature.
“This decision shows that there was a different avenue (to determine the legitimacy of a government), meaning that it wasn’t necessary to prove a majority or lack thereof via a confidence motion in a legislative chamber,” Nadzri told The Vibes.
The Perak constitutional crisis was triggered when two PKR assemblymen and a DAP assemblywoman defected and pledged support for the Barisan Nasional (BN) coalition, causing the fall of the state government in 2009.
This prompted then menteri besar Datuk Mohammad Nizar Jamaluddin to request the dissolution of the state assembly and snap elections from the sultan of Perak.
However, the monarch denied the request and instead swore in Datuk Seri Zambry Abdul Kadir from BN as the new menteri besar.
The dispute was brought to trial, with the Federal Court eventually ruling that evidence concerning the loss of confidence towards a menteri besar may be gathered from other sources.
“This can cause governments to collapse from time to time,” Nadzri said.
The academic contended that, due to this court decision, political instability became a characteristic of Malaysian politics.
Citing Yale professor Robert Dahl on the consequence of choice, Nadzri said post-election results must be respected, maintained, and never reversed without proper due process.
“The 2010 court decision should be reviewed because it resulted in political disasters.
We need to go back to the true practice of parliamentary democracy, recognising the legitimacy of our legislature and supremacy of our constitution,” Nadzri explained.
Sharing a similar sentiment, Universiti Malaya’s Prof Awang Azman Awang Pawi agreed that reliance on SDs in politics would erode Malaysia’s democratic values.
He asserted that in a free democracy, the rights and mandate of the people must be prioritised.
“The reliance on SDs (in politics) will result in a loss of confidence among the people in their political representatives,” Awang said when contacted.
Asked if SDs would fade in relevance upon the introduction of an anti-party hopping law, Awang suggested this would not be the case.
He said that SDs could still play a role even with anti-party hopping laws in play, as they can help with litigation in the event of a representative defecting.
‘Ensure constitutional principles not contravened’
However, some parliamentarians may not share the same view as the academicians.
Tebrau MP Steven Choong acknowledged the benefits of having a confidence vote in Parliament to determine the legitimacy of a government or support towards a prime minister.
He said that through a confidence vote, the democratic process can be observed and scrutinised by the people at large.
However, at the same time, SDs may not necessarily threaten the progress of democracy in Malaysia, Choong suggested.
“For example, our Yang di-Pertuan Agong, in his wisdom, realised that SDs alone were not enough.
“He wanted to meet the individuals who made the SDs to confirm it was done voluntarily and not under duress before accepting,” Choong said during a brief phone interview.
As for whether anti-party hopping laws would negate the need for SDs in the future, Choong expressed some concerns.
While he supports the enactment of such legislation, he believes the laws must be carefully refined to ensure they do not contravene any constitutional principles.
There are some concerns. For example, if an MP is marginalised by his party, and he switches allegiances, would (his action) be considered as hopping?
“Similarly, we must also ask, if an independent MP joins a party later, would they be allowed to do so under the law?” Choong added.
Meanwhile, Klang MP Charles Santiago explained that political parties use SDs to ensure their MPs toe the line, ensuring a cohesive approach to policies in general.
Additionally, commenting on the infamous Sheraton Move which saw the fall of the Pakatan Harapan government, Santiago pointed out that political leaders had an audience with the king with SDs in hand as proof of a majority.
“The problem here is that people within the party itself may not necessarily agree with the choice of candidate for the prime minister’s post.
“But because the party leader has the SD in hand, it is presented as if the entire party pledges support,” Santiago added. – The Vibes, November 22, 2021
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