Let constitution resolve the Anwar-Zahid political ambiguity

 The government may continue so long as the prime minister commands the confidence of the majority in the Dewan Rakyat.

From Selvam Shanmugam

The continuing public differences between Prime Minister Anwar Ibrahim and deputy prime minister Ahmad Zahid Hamidi now require political clarity.

There is nothing improper about disagreement within a coalition government. But Zahid is not merely the president of Umno. He is also the deputy prime minister and a member of the Cabinet, and that office carries collective responsibility.

If Zahid believes his differences with the direction of the government have become fundamental, the proper course would be for him to consider relinquishing his executive positions.

If, on the other hand, Anwar concludes that Zahid can no longer effectively remain in his administration, the prime minister should be prepared to act.

The Federal Constitution provides a clear framework.

Article 43(3) establishes collective Cabinet responsibility, while Article 43(5) deals with the tenure of ministers and provides for the revocation of a minister’s appointment by the Yang di-Pertuan Agong on the advice of the prime minister.

Any such removal would concern Zahid’s executive office. It would not, by itself, require him to vacate his parliamentary seat.

An important legal qualification must be made: political disagreement or public criticism does not automatically amount to a loss of constitutional confidence, nor does Article 43 automatically require a minister to resign merely because he publicly disagrees with the prime minister.

The decisive issue arises only if the political disagreement affects Anwar’s majority in the Dewan Rakyat.

If Umno continues to support Anwar, the government may continue so long as the prime minister commands the confidence of the majority.

If Umno withdraws its support and Anwar consequently ceases to command the confidence of the majority, Article 43(4) requires the prime minister to tender the resignation of the Cabinet unless Parliament is dissolved at his request.

Any request for dissolution remains subject to the Yang di-Pertuan Agong’s discretion under Article 40(2)(b).

That is the real test: Does Anwar continue to command the confidence of the majority of the Dewan Rakyat?

If Zahid believes the government’s direction is no longer one he can support from within the Cabinet, he should consider stepping aside from executive office.

If Anwar believes Zahid’s position is incompatible with continued Cabinet service, he should have the courage to make that decision and allow Umno to state clearly whether it continues to support his government.

This is not a call for instability. It is a call for clarity and accountability.

Let Zahid decide whether he remains part of the government. Let Anwar decide whether Zahid should remain in his Cabinet. Then let Umno and the parliamentary numbers speak for themselves.

Malaysia should not remain trapped in prolonged political ambiguity. - FMT

Selvam Shanmugam is an advocate and solicitor at the High Court of Malaya.

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