Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

©The Malaysian Insider (Used by permission)

KUALA LUMPUR, May 15 — Someone went through a lot of trouble in Parliament today.

Not just Senator Datuk Amirsham A. Aziz with his prepared answer to a supplementary question but someone else who had prepared various scenarios in case the prime minister loses the confidence of his fellow lawmakers.

That person or persons did the research, printed and distributed pamphlets in the Parliament Media Room where pigeon holes are normally filled with the dry language of written answers to questions and statements from the various YBs.

Quoting liberally from the Federal Constitution and a few court cases that dealt with the Constitution, the pamphlet sketched out ways that the Dewan Rakyat could get rid of a sitting prime minister, the king's role or lack of it, etc.

"No extra-parliamentary dismissal is possible: Unless the Dewan Rakyat dismisses the PM, the YDPA (king) has no power to remove the PM : Article 43(5). The case of Stephen Kalong Ningkan vs Tun Abang Haji Openg (1966) confirms that unless there is a vote of no confidence, a valid appointment cannot be revoked by the governor," the pamphlet said.

So it all depends on the MPs in the House, a prelude and primer to shift allegiance and replace the PM with someone else who commands their confidence.

The pamphlet noted that this was not the first time Umno and its coalition partners ruled without a two-third majority in Malaysia's history, which it disclosed would not prevent the passing of bills or budget.

"This is not the first time the Alliance/Barisan did not gain a two-thirds majority. In 1969, the alliance failed to secure more than 50% vote and failed to obtain a 2/3 majority. Tun Razak ruled the country from Feb 20, 1971 to the 1974 elections on a simple majority in the Dewan Rakyat."

Those behind the pamphlet also said anti-defection laws are currently defective as it breached the freedom of assembly guaranteed under Article 10 of the Federal Constitution.

As the current government did not have a two-third majority in Parliament, the pamphlet had the advice to draft an Emergency Ordinance to provide:

"i) Anyone who is expelled or resigns from the party on whose ticket he was elected to the Dewan must vacate his seat and return to the electorate at a by-election.

ii) Alternatively, provide that the 'hopper' is disqualified to contest for five years. This will be similar to Article 48 (6) which deals with those MPs who resign from the Dewan Rakyat."

It noted that the Emergency Ordinance can be enacted outside Parliament and only required the king's consent if there was an emergency in operation and if the two Houses in Parliament were not sitting concurrently, both of which is the case in Malaysia now.

"This ordinance is justified because 'collapse of civil government' is a form of 'emergency' as laid down by the Privy Council in Stephen Kalong Ningkan vs Government of Malaysia (1968)," it said.

The pamphlet, not unlike those intent on selling wonder herbs, oils and ointment, will most likely be kept by journalists and possibly the lawmakers just in case any of the various opportunities occur to their advantage.

TrackBack URI for this entry

Comments (0)

Subscribe to this comment's feed