DESPITE the guessing game on the perennial quest for numbers, one has to bear in mind that we are, after all, in a constitutional democracy guided by the rule of law.
Tomorrow, the constitution will come into play again.
In all likelihood, at the royal audience granted to him, Datuk Seri Anwar Ibrahim will endeavour to present to the king the much-vaunted “documentation of the strong and convincing majority of MPs” supporting him as the prime minister-designate to Tan Sri Muhyiddin Yassin.
At its highest, that can only trigger one of two events. And this can be seen from the workings of Article 43(4) of the federal constitution.
If Anwar is successful in evincing the alleged support via statutory declarations and/or letters from the respective party whips, that alone cannot ensure that he walks out of Istana Negara as the ninth prime minister.
That can only confirm what has been an open secret all this while, that Muhyiddin never had the actual confidence of the majority of parliamentarians, a fact that was made crystal clear on the morning of his swearing-in as the eighth prime minister when Tun Dr Mahathir Mohamad had irrefutable evidence of 114 MPs backing him to remain as premier.
At this juncture, Muhyiddin will be left with two options, either requesting the king to dissolve the House, paving the way for another general election, or to tender the resignation of his cabinet.
It is pertinent to state that only the king can dissolve the House; Muhyiddin can only request so, but the final say is with His Majesty.
With all due respect, even though a general election or snap election is an option, but with Covid-19 rearing its ugly head again, it will be burdening the rakyat and stretching the resources of the government.
The cost to carry out an election of this magnitude with new norms and/or standard operating procedures will be staggering, and can be better utilised to fight the pandemic.
The king can then move on to another option, that is to use His Majesty’s discretion to appoint Muhyiddin’s replacement. And for this, His Majesty may refer to Article 43 of the constitution again, albeit this time, to appoint a new cabinet headed by a new prime minister to carry out the executive authority of the federation.
For this, the king may act in his own discretion, of course, guided by the rule of law.
And that can be seen from a combination of Article 43(2)(a) and Article 55 of the constitution.
The prime minister is chosen from 221 parliamentarians (as it currently stands due to the untimely death of the member from Batu Sapi).
And, only the king may from “time to time summon Parliament…”. That is from Article 55 of the constitution.
Hence, the only clear way to resolve the impasse is to have all 221 parliamentarians ensconced in the Dewan Rakyat and vote on the no-confidence motion filed by Langkawi that has been buried beneath mundane government bills and matters purely for Muhyiddin’s survival. Only when that motion has been carried would Muhyiddin have lost his majority.
The same 221 parliamentarians will then immediately vote on who among them wields the confidence of the majority of the House, the result of which will then be presented to the king.
That person will have an open endorsement made public, not by way of written undertaking and oaths.
The above scenario was the exact mode Dr Mahathir had wanted to adopt when he suddenly resigned in February.
One may recollect that upon tendering his resignation and being installed as the interim prime minister, the first order of business Dr Mahathir angled for was to move Parliament for a special sitting by virtue of Standing Order 11(3), which was to test his legitimacy as prime minister to resolve the conundrum faced by the country then. That was the rule of law. Unfortunately, the request for the special sitting was denied.
The king has exhibited his acumen for the betterment of the rakyat, and that will be tested again in the coming weeks.
So, whatever happens tomorrow, let’s hope the rule of law prevails for the good of Malaysia. – The Vibes, October 12, 2020
The writer is a member of the Bar Council of Malaysia. This article has been edited for length.
