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PERHAPS the king may consider this formula.
The political deadlock on the appointment of the 10th prime minister has been haunting all of us.
The predicament duly faced by our king is understandable. Yes, not a single political coalition or bloc has managed to obtain a simple majority to govern.
As it turns out, Pakatan Harapan (PH) has won the biggest number of seats by securing 81 of them single-handedly. The coalition in second place, which managed to obtain 73 seats, is Perikatan Nasional (PN).
And the Islamist party PAS, which is well known for its ultra-conservativeness and its extreme brand of politics, is also part of PN.
What is the best formula for Yang di-Pertuan Agong to find a viable solution in order to solve the current political impasse?
It goes without saying that in providing any solution to the present political stand-off, it must be able to operate within the paradigm of Article 43(2)(a) of our apex law.
Some legal scholars and lawyers are of the view that Datuk Seri Anwar Ibrahim ought to be given the baton to helm Malaysia as our next prime minister.
In offering such a view, they sincerely believe that the king ought to follow the constitutional convention duly practised in some Commonwealth countries.
Is such an opinion running against Article 43(2)(a) of the federal constitution?
It is interesting to note that the relevant article merely guides the king to appoint the prime minister who is in his judgement is likely to command the majority of the members of the House (Dewan Rakyat).
Nevertheless, Article 43(2)(a) does not prescribe a certain mechanism or formula in arriving at the said majority.
Be that as it may, does our apex law recognise any prime minister who merely represents a minority government, namely a government which fails to secure 112 seats in Parliament?
With the greatest respect, it is respectfully submitted that the king reserves the discretionary power to appoint Anwar as the prime minister despite the fact PH only garnered 81 seats, provided Barisan Nasional (BN) agrees to support him as the prime minister.
At present, BN has 29 seats in Parliament. It seems that BN is a kingmaker as of now.
If PH has no qualms in supporting BN/Umno in Perak to become the menteri besar despite the fact Umno merely has a small number of seats, it would be mind-boggling should BN/Umno show reluctance to support Anwar and PH in return. Like it or not, BN/Umno may be seen to be inflicted by self-interest!
In Perak, PH opted for an unpopular option in the interest of the nation and the people respectively. National interest trumps personal and political interest as far as PH is concerned.
Why can’t BN practise the same?
Does it also mean PH has to form a unity government with BN?
My answer would be a resounding no. BN may support Anwar to become the prime minister of a minority government via a special vehicle known as a CSA, or confidence and supply agreement. BN does not have to join the PH-led government to govern.
By executing the CSA, BN may agree to fully support Anwar as the prime minister, a quid pro quo in which BN would be given certain benefits as an opposition front friendly to a minority government.
This political arrangement might be a viable option in getting rid of the political stalemate.
It may also produce added advantages such as by avoiding the evil of the “scheme of things” and a grandeur size of cabinet.
Finally, with the politics of hate and religious extremism demonstrated by PAS and Bersatu, it would be unimaginable for the king to let PN govern our beloved land without any damaging repercussions to Malaysia’s economy. – The Vibes, November 22, 2022
Datuk Mohamed Hanipa Maidin is a former deputy minister in the Prime Minister’s Department (Legal Affairs)