Monday, September 28, 2020

The Leader Of The Opposition has no right to an audience with The Agong, but the Agong must act on the advice of his Prime Minister : Anwar's attempts to become PM via the palace farcical, given that there is a sitting PM (who is not going anywhere)

 by Ganesh Sahathevan 

                                            Al Sultan Abdullah - Foto sumber internet

The comedy of the Malaysian Leader Of The Opposition, Anwar Ibrahim, demanding that the Agong grant him an audience and declare him Prime Minister continues. 

Anwar has given his supporters the impression that the Agong was in a a hurry to see him and install him as prime minister (in place of the sitting prime minister Muhyiddin Yassin); His Majesty however has issued a statement to thank his subjects for their thoughts and prayers, as he continues to regain his fitness.   His Majesty has also advised his subjects to stay safe in the face of COVID.

Anwar Ibrahim, as Leader Of The Opposition, is equal to any of His Majesty's subjects, but he is not the Prime Minister in whom is solely vested the duty to advise His Majesty. That duty includes the duty to advise His Majesty that he has lost the confidence of the majority of the Members of the Dewan Rakyat. There is nothing in The Federal Constitution which provides for anyone, including The Leader Of The Opposition, to advise the Agong of that fact. 

TO BE READ WITH 


Thursday, September 24, 2020

Anwar Ibrahim cannot force an audience on The Agong: Where does it say that the Leader Of The Opposition can demand the Head Of State see him, for any reason ?

 by Ganesh Sahathevan 


                                  The Agong need not see Anwar

So much has been said about Anwar Ibrahim's request for an audience with The Agong. The assumption has been that the Agong must grant him an audience. He is however  Leader Of The Opposition and does not ,like the Prime Minister and Cabinet, advise the Agong. He does not therefore have any rights of audience. 

It would be a different matter altogether if the Members of the Dewan Rakyat signal that the sitting Prime Minister no longer commands the confidence of the majority of the members, and that Anwar does instead. 

Meanwhile, the Agomg is not bound by law or convention to grant Anwar an audience, regardless of how loudly Anwar and his supporters demand that the Agong abide by "the procedure". 


The constant references to "PM in waiting" seem to have confused Anwar, and his supporters, and many commentators as to the nature and limits of his position.



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

by Ganesh Sahathevan



Muhyiddin, Zahid lash out at fake SDs supporting Anwar;
 probe ordered

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