Confidence vote as first parliamentary move would let new PM start on solid ground, say experts
KUALA LUMPUR, Aug 21 ― Unlike past coalitions that led the country, the two most recent ones ― Pakatan Harapan and Perikatan Nasional ― collapsed within a span of two years due to shifts in political loyalties and a numbers game after MPs withdrew their support.
“The new prime minister must quickly convene a special meeting and table a motion of confidence in himself to prove his majority. This not only fulfils the demand of Article 43 of the Federal Constitution ‘to command the confidence of the majority of the [House of Representatives]’, but would also force the MPs to state publicly where they stand with regard to the new PM and government.
When the incumbent prime minister is alleged to have lost majority support or the confidence of the Dewan Rakyat, Nizam said “the assessment of majority support is ― as a matter of law ― to be tested on the floor of the house” or in other words, through voting done at the Dewan Rakyat which is the lower house of Parliament in Malaysia.
“Part of the problem with statutory declarations or any other mode of assessing support is that: a. we do not know the pressures or incentives that may be placed on an individual to express that support and the last time when statutory declarations were put forward, the Yang di Pertuan Agong still opted to interview parties; and b. the assessment may be said to be subjective or questioned,” he said.
“Art 43 says “the Yang di-Pertuan Agong shall first appoint as prime minister to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House”. As for a situation where there is no clear majority, New said: “Art 43 says the PM is someone who in the YDPA’s judgment is likely to command majority support. This leaves room for someone whose majority support is unclear to be appointed PM and let it be tested in the House. So new PM may be appointed with less than 111 MP’s support.”
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