It’s just an understanding between an odd couple, says expert

 

The memorandum of understanding between Prime Minister Ismail Sabri Yaakob and Pakatan Harapan is not a binding contract, says a lawyer. (Bernama pic)

PETALING JAYA: The political agreement reached between the government and opposition leaders is nothing more than a political understanding and is not legally binding, says an expert.

“If things go sour, or if there is a fallout, it would just be a political fallout and not a breach of contract,” constitutional expert Bastian Pius Vendargon told FMT.

He said it would depend on both parties to make it work; failure would be likely if any one party becomes suspicious or disagrees.

Yesterday, the federal government and Pakatan Harapan signed a memorandum of understanding on “political stability and transformation” which includes parliamentary reforms and transformation of the government.

Vendargon said the MoU would be legally binding only if it was a contract or an agreement with specific details and certainties.

“Now, it could be broad terms and lines in terms of interpretation,” he added.

Even the Prime Minister’s Office, he said, has called it an MoU, making it likely to be just an understanding to push for common agendas on reforms.

The MoU may be used to pass the Budget, bills and other agenda to carry out reforms.

“It will still depend on both parties being flexible in how they wish to proceed in policy matters,” Vendargon said.

The government may not want to be tied up by extraneous considerations when carrying out its executive role on policy matters.

“Likewise, the opposition parties have their own principles on policy direction. They may want their own legislation to achieve their principles and manifesto,” he added.

Due to that, both sides will need to compromise and make sacrifices for this MoU to work.

Although it may sound odd for a federal government to sign a MoU with the opposition, Vendargon feels Prime Minister Ismail Sabri Yaakob may have used the term government broadly as the present administration does not have an official name.

“Ismail can’t be calling it the PN govt with PH, or PN and BN with PH.

“To avoid that, he may have decided to term it as an MoU between the government and PH,” he said.

Dewan Rakyat Speaker Azhar Azizan Harun and Dewan Negara President Rais Yatim were also present during the signing ceremony.

Universiti Malaya socio-political analyst Awang Azman Pawi said although it was odd for both of them to be present during political agreements, their presence could be linked to parliamentary reforms.

“They may be there as a symbol for the reforms. The Speaker may now give the opposition more time to air their views,” he said. - FMT