BALIK PULAU – Voters need not worry about a hung Parliament if no single coalition gets an adequate majority to form the federal government, as the federal constitution has adequate provisions to handle this, said a PKR lawyer.
Those eligible should go out and practise their democratic right in the 15th general election tomorrow to decide who they want to lead the country, said Mohd Yusmadi Yusoff, a former Balik Pulau MP and ex-senator.
Yusmadi, who is part of PKR president Datuk Seri Anwar Ibrahim’s service office, said the spirit of the constitution has set enough mechanisms to guide political parties to reach the threshold required to form a government.
“Whether it is with a supermajority, two-thirds, or a simple one, the constitution has several sections (articles) devoted towards forming the next government,” he said.
Firstly, there is the Yang di-Pertuan Agong, whose role is to guide the process through.
There are also the legal units within each coalition that advise their leadership on how best to represent their members and supporters.
“I think the rights of voters must be the priority of all candidates vying for seats. The people deserve a responsible government that will act in their interests,” he said.
Legally, if no coalition has secured the necessary majority to form the government, the Election Commission needs to notify the parties.
The due process then involves informing the king, who should conventionally invite the coalition with the highest number of seats to find ways to negotiate with other parties and individuals to secure a simple majority number of 112 or beyond, said Yusmadi.
“It is morally and legally applicable that the coalition with the biggest number of seats be given the mandate and legal support to form the government. In the event that is impossible, there are other options, Including forming a minority government.”
The concept of a national unity government is also applicable here, he said.
Yusmadi also said that the coalition with the highest numbers should ideally feature in any consideration to form a government.
“Whether the government is functional or not is secondary. A government should be formed based on the mandate of the people. Even with no majority secured, the government of the people can be formed by observing the constitution,” he said.
Yusmadi said that the anti-hopping legislation passed by Parliament would also be crucial to determine if the government comprises sincere elected representatives willing to make personal sacrifices, rather than using the opportunity for some form of enrichment or power play.
The 15th general election formally concludes its campaigning by midnight, with voting tomorrow to run from 8am onwards until 5pm, although floods may be a disruptive force due to the rainy forecast for the weekend. – The Vibes, November 18, 2022
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