Fixed-term Parliament Act unlikely to be endorsed by AG, says ex-minister

 

Former national unity minister P Waytha Moorthy said that withdrawal of support for a prime minister and change of government mid-term are part and parcel of the democratic process.

PETALING JAYA: While the proposed bill to prevent elected governments from being overthrown may be well-intentioned, the attorney-general would not likely endorse it as it may be ultra vires the Federal Constitution, says a former minister.

Former national unity minister P Waytha Moorthy noted that Article 43(4) of the Federal Constitution provides that if the prime minister ceases to command the confidence of the majority of MPs, then unless the Yang di-Pertuan Agong dissolves Parliament at his request, the prime minister shall tender the Cabinet’s resignation.

“Withdrawal of support for a prime minister and change of government mid-term are part and parcel of the democratic process and must be accepted by the current government.

“It is paramount upon them to ensure their government is intact by keeping to their election promises. When the rakyat is with the government, there is no way MPs would dare shift allegiance,” Waytha, the president of the Malaysian Advancement Party, said in a statement.

Deputy prime minister Ahmad Zahid Hamidi had proposed the special bill yesterday to allow an elected government to administer the nation without being threatened by its political enemies.

The Fixed-term Parliament Act would mandate that if a government is formed by a dominant party, or a combination of parties, with the Yang di-Pertuan Agong’s consent, it should remain in power until the end of its five-year term.

Waytha also dismissed Umno secretary-general Asyraf Wajdi Dusuki’s claim that an amendment to the party’s constitution prevents its MPs from defying party decisions, including lending someone support for the top post.

He pointed to Article 49A(2)(c) of the Federal Constitution, which ensures that an MP shall not cease to be a member of the Dewan Rakyat if he is expelled from his party.

“Umno’s amendment to Clause 20.11.1 of its constitution only talks about its members losing their membership automatically if, having been elected as an MP, the members later join another party or coalition or choose to be independent MPs.

“The key word in Umno’s constitution is ‘join’. This clause does not prevent an Umno MP from openly supporting another PM candidate from the opposition, or even refusing to vote according to the party line.

“Thus, we see that the four Perikatan Nasional MPs who have shifted allegiance have not triggered by-elections, nor has the Parliament Speaker declared those seats vacant by virtue of Article 49A,” he said. - FMT