Why a unity government makes sense

 

From Azalina Othman Said

The Yang di-Pertuan Agong’s request on Tuesday for Pakatan Harapan and Perikatan Nasional to form a unity government and on Wednesday for Barisan Nasional to join a unity government for the sake of the nation and the rakyat is dignified and interesting as it could be the best way forward given the political deadlock the nation is facing.

In addition, the King decreed that BN’s 30 elected MPs should be part of the new government.

Being part of a unity government does not mean that parties need to sell out on their principles and policies. Instead, they can agree on a joint manifesto to incorporate their promises as much as possible. This allows the parties to maintain their principles and policies as well as ensures that voters do not feel they have been cheated.

The formation of a government that is inclusive of different parties and coalitions can be viewed as a loose coalition or grand coalition, which can be described as a “post-election coalition”.

Unity governments or grand coalitions have been formed around the world for various purposes. The National Unity government in South Africa was formed during the post-apartheid era to reset the nation while the National Unity government in Kenya was formed in the aftermath of its 2007 political crisis.

At a more mundane level, a unity government, comprising two largest political parties alongside smaller parties, many with contrasting ideologies, is also formed when no single bloc gains sufficient majority to form a government. Continental Europe provides ample contemporary examples where these grand coalitions are formed.

To form a unity government, the first order of business will be to look at Article 43(2)(a) of the Federal Constitution on the prime minister’s appointment. Before the introduction of the new Article 49A in the anti-hopping law, political parties were not considered relevant to the appointment of the prime minister since Article 43(2)(a) implied a “government of MPs”.

With the introduction of the amended Article 10 on restrictions on MPs to party hop, Article 49A and the introduction of the term “political party” under Article 160, the Federal Constitution now explicitly recognises political parties as constitutional actors in the appointment of the prime minister and formation of government.

This is where the law stands regarding the formation of a government after a general election.

Let’s go deeper to understand what a unity government is, and the other variants and options available.

Option A: grand coalition government or unity government

Currently, there are four main blocs: Pakatan Harapan, Perikatan Nasional, Barisan Nasional and the East Malaysian bloc of Gabungan Parti Sarawak (GPS) and Gabungan Rakyat Sabah (GRS).

If three to four of these main blocs decide to form a coalition, this would be a grand coalition government (unity government).

However, there are potential risks to forming a unity government without an effective post-election coalition agreement. The agreement between parties should be made public for transparency and accountability.

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Option B: strong majority government with responsible opposition

A sizable minority of MPs remain in the opposition in a fully functional Parliament and sit in a Shadow Cabinet while others form a coalition government with a strong majority.

It is a watered-down version of political unity/inclusive arrangement from the grand coalition government, overcoming its disadvantages.

Additional advantages of this:

1. Parties that cannot work together don’t have to be in the same team, and it’s possible for a better working relationship between the government and opposition bloc;
2. Government can be more compact and competent, while opposition MPs can take up parliamentary committee positions, with committee chairs and deputy chairs paid extra allowance; and
3. Check and balance is preserved through Parliament.

Option C: weak majority/minority government, plus CSA with the opposition

A strong minority or even majority of MPs stay as opposition but the government with a weak majority or minority of seats is preserved through a confidence and supply agreement (CSA) with some opposition blocs.

It’s a watered-down model of the “strong majority government with a responsible opposition” model but with greater freedom for some parties which want to stay out of the government but are still committed to its survival under pre-agreed conditions.

Additional advantages of this:

1. Some parties can support the government without diluting their identity and distinction;
2. Government can be “slimmer” as the CSA allows opposition MPs from the largest opposition bloc to take up positions in the Shadow Cabinet or parliamentary committees;
3. Check and balance will be stronger as government bills and motions can be easily defeated as long as such defeat doesn’t threaten the government’s survival.

In all three models, smaller parties are accommodated, but as we move from unity government to minority government buffered up with a CSA, we will gain in increased coherence within government, greater check and balance and retention of identity by parties which want to stay out of government.

It is now up to political parties to put aside their personal agendas and differences in order to put the rakyat first, so that as a nation we can achieve cooperation that embraces race, religion and region as a sign of respect to the King’s decree.

The King has come up with a dignified way forward in addressing the hung Parliament, which is a unity government, and gratitude is in order to the King for this solution which puts the rakyat first. Ampun Tuanku. - FMT

Azalina Othman Said is the newly-elected MP for Pengerang.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.