by Ganesh Sahathevan
While the focus has been on the Agong, it is important to remember that the Agong is chosen by his brother rulers, who serve in that role on rotation.
While it is true that Agong as constitutional head of the federation is vested with the power to appoint the prime minister, the head of government, the Constitution does constrain him in a number of ways.
One example can be found in Article 38(6)(b) which states:
Article 38. Conference of Rulers.
(6)The members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions, that is to say:
(a)the election or removal from office of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong;
(b)the advising on any appointment;
It appears then that the Conference of Rulers can, in their discretion, act, in any proceeding, including any appointment.
It is hard to see why their royal highnesses would not want to act with regards the appointment of PM Anwar Ibrahim (if and when that eventuates), especially when it is likely to be in somewhat unorthodox circumstances.
TO BE READ WITh
Wednesday, September 23, 2020
Agong insisted on interviewing every MP, after Mahathir resigned in February so why would he accept Anwar's collection of SDs against a sitting Prime Minister?
by Ganesh Sahathevan
It was not too long ago, in fact just seven months ago in February this year, after then Prime Minister Dr Mahathir handed in his resignation,that the Yang Dipertuan Agong spent his weekend interviewing government MPs to determine how many of them supported Mahathir's successor Muhyiddin Yassin.
Even after he declared that he was satisfied that the numbers were with Muhyiddin, there was dispute about how the Agong conducted himself.
This time around (as it has been on a number of occasions in the past) Dr Anwar Ibrahim seeks to convince the Agong with a fistful of statutory declarations that he has the numbers to first demand the King sack Muhyiddin, and then appoint him as the next prime minister of Malaysia.
Given that recent history the Agong cannot really choose on this occasion to accept evidence in the form of statutory declarations. In fact, as explained last year, the statutory declarations do not mean very much.
It is therefore hard to see how Dr Anwar is going to take Parliament without the usual vote of no confidence against the sitting prime minister.
TO BE READ WITH
TO BE READ WITH
Monday, July 8, 2019
Anwar Ibrahim's solid grip on MPs statutory declarations meaningless: SDs cannot be used to secure a promise
Muhyiddin, Zahid lash out at fake SDs supporting Anwar;
The denial by Tan Sri Muhyiddin Yassin and Datuk Seri Dr Ahmad Zahid Hamidi of having signed statutory declarations in support of Datuk Seri Anwar Ibrahim taking over as prime minister beginning July 2 is irrelevant even if it were true.
A uniquely Malaysian innovation, the SD pledging support makes for good theater in the land of the wayang kulit, but otherwise means nothing. A SD is, as its name implies, a declaration that something is true and for that reason its use is limited to declarations that say, statements regarding ones name, identity or nationality are true.
It cannot be used to affirm ones support, affection, undying love or loyalty. These are akin to promises, for which there are contracts or deeds.
So, even if Saudara Dr Anwar Ibrahim obtains SDs of support from all MPs, that fact would mean nothing. He would still have to go back to Parliament, move a vote of no confidence against Mahathir, who would then need to advise the Yang DiPertuan Agong that Parliament should be dissolved and a general election called.
END
No comments:
Post a Comment