NOVEMBER 22 — Still no prime minister candidate or designate.
Datuk Seri Anwar Ibrahim’s Pakatan Harapan (PH) and Tan Sri Muhyiddin Yassin’s Perikatan Nasional (PN) could not prove they have a simple majority ahead of a 2pm deadline earlier today, causing both of them to be summoned by the Yang di-Pertuan Agong (the King).
Muhyiddin has just confirmed that the King has proposed the formation of a unity government between PH and PN, which he rejected.
Muhyiddin said PN has always agreed to not work with PH, and said he was disappointed that his claim of having the support of 115 MPs was dismissed.
“I don’t know what the reasons are behind that, but the proof is here,” he said as he held a pile of documents.
I conjecture that while Article 43(2) of the Federal Constitution provides the King with the power to appoint the prime minister and the formation of a government by determining the member of Parliament (MP) who, in His Majesty’s opinion, has the majority support of elected MPs, the King may have the advice of the new anti-hopping law (AHL) following the constitutional amendments vide the Constitution (Amendment) (No. 3) Act 2022 which introduces a new Article 49A and inserts a new definition in Article 160 — that is, that of “political party.”
A political party includes a coalition of parties. This means that if a member of a party in a coalition ceases to be a member of his party, he ceases to be a member of the coalition. That will attract Article 49A(1)(ii) to come into effect with the consequence that the member, if elected to the Dewan Rakyat, ceases to be an MP and his seat “shall become vacant immediately.”
No MP should have his or her seat become vacant just days after being elected. It’s costly just to have one by-election.
In order not to lose the seat, the MP must be expelled from the party — Article 49A(2)(c). But the party does not need to resort to expulsion since the member will have ceased to be a member under the party’s constitution.
Under the AHL, the entire party, which includes a coalition, must be collective, or en bloc, in its support.
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.