Experts: Muhyiddin is still PM

 

PETALING JAYA: The Prime Minister can only be removed from his post if it has been proven that he has lost the confidence of the MPs, say constitutional experts.

Prof Datuk Dr Shamrahayu Abdul Aziz said that a mere media statement by the president of a party stating that the party has retracted its support to the Prime Minister does not mean that Tan Sri Muhyiddin Yassin has been removed and the Perikatan Nasional government has collapsed.

“As far as the Federal Constitution is concerned, the appointment of the Prime Minister mentions the number of MPs and not the number of political parties.

“Although that is the legal way of looking at it, losing the support of a party may lead to MPs losing the confidence in the Prime Minister.

“However, that loss of confidence must be proven by the MPs – be it through statutory declarations or by MPs resigning from their posts.

“One does not necessarily need to move a vote of no confidence against the Prime Minister in Parliament.

“This happened during the removal of the Perak mentri besar in 2009, when it was done outside the state assembly,” said Prof Shamrahayu in an interview yesterday.

She, however, stated that there must be proof that there is a loss of confidence in the Prime Minister.

Former attorney general Tan Sri Mohamed Apandi Ali said that Muhyiddin could seek for a vote of confidence in the upcoming parliamentary sitting.

“If he wins, with the support of all the MPs in Cabinet, nothing will happen until the next general election,” he said.

However, if the Prime Minister fails to garner enough support for a vote of confidence, he and the Cabinet has to resign and he has to advise the King to dissolve Parliament, said Mohamed Apandi.

Umno president Datuk Seri Dr Ahmad Zahid Hamidi had earlier announced that the party has withdrawn its support for Muhyddin as the Prime Minister

Mohamed Apandi said upon dissolution of Parliament, the Prime Minister and the current Cabinet members would remain as the caretaker government for a maximum period of 60 days.

“The general election must be held during that period of 60 days,” he said, adding that the national vaccination process must also be completed during the said 60-day period to ensure that it is conducive to hold a general election. - Star