PM Anwar is now responsible for investigating Lim Guan Eng's dealings with KPMG, and review the KPMG-1MDB settlement ,which may well be set-aside for fraud. Malaysia may be entitled to even more from KPMG.

 by Ganesh Sahathevan 

In January last year Reuters reported:

Malaysia's finance ministry in a statement said a trust account set up to collect recovered 1MDB funds has received 19.1 billion ringgit ($6.23 billion), including $111 million from audit firm KPMG paid to settle a lawsuit filed against it by 1MDB.

The Malaysian Government's relationship with KPMG was however complicated by the dealings between Lim Guan Eng and KPMG (see story below. Guan Eng  has never explained his dealings with KPMG, and it now falls to the new Prime Minister Anwar Ibrahim to investigate the matter.

The investigation must include the circumstances leading to the $ 111 Million settlement, for the process may well be tainted by fraud. If so,Malaysia may be entitled to even more from KPMG.

TO BE READ WITH 

Monday, March 1, 2021

1MDB : KPMG partner was Special Officer to Lim Guan Eng, even as Guan Eng was investigating KPMG;and what of Wong Partnership?

 by Ganesh Sahathevan

FreeMalaysiaToday has reported: 

Damansara MP Tony Pua said the Pakatan Harapan (PH) government had engaged lawyers and accountants to prepare claims against those involved in the loss of funds related to 1MDB, whether directly or indirectly.

In a statement today, he added that these documents had been completed just weeks before the PH government fell.
“I call upon the finance ministry to now set their focus on the claims against the former 1MDB auditors, KPMG and Deloitte Malaysia. Like in the case of Ambank, the claim documents against both entities were completed by professionals more than a year ago.

That KPMG was among those being investigated is curious given that then  Minister For Finance Lim Guan Eng had  appointed KPMG partner Dato’ Ooi Kok Seng as his  "Special Officer".

Pua's statement is also curious given the exclusion of law firm  Wong Partners. 

TO BE READ WITH 

Tony Pua urges Putrajaya to go after KPMG, Deloitte next after AmBank agrees to RM2.83b 1MDB settlement

Monday, 01 Mar 2021 12:00 PM MYT

BY SOO WERN JUN

Pua urged the Finance Ministry to not give in during its negotiations with KPMG and Deloitte. — Picture by Shafwan Zaidon

Subscribe to our Telegram channel for the latest updates on news you need to know.

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KUALA LUMPUR, Mar 1 — DAP MP Tony Pua today urged the Finance Ministry to now focus on the claims against former 1Malaysia Development Berhad (1MDB) auditors, KPMG and Deloitte Malaysia.  

The Damansara MP said the ministry has done well to complete the RM2.83 billion settlement with AmBank Bhd over its culpability in the 1MDB corruption scandal and must now ensure similar resolutions with KPMG and Deloitte through the courts or a settlement. 

“Like the AmBank case, the claim documents against both entities were completed by the professionals more than a year ago.

“However, unlike the degree of forthcoming cooperation shown by AmBank, these ‘international’ auditors have failed to demonstrate any remorse and have refused to acknowledge any degree of culpability in the RM50 billion scandal despite clear evidence of their failure to carry out their audit responsibilities in a competent manner,” he said in a statement. 

Pua also urged the Finance Ministry to not give in during its negotiations with KPMG and Deloitte.

“Since they have demonstrated no remorse for their culpability in the tens of billions of ringgit for the Malaysian tax-payers, the Finance Ministry, via 1MDB must immediately file the relevant suits, which have been fully prepared, against them in the Courts,” he said.

He added that he had filed complaints against both KPMG and Deloitte as well as their respective partners Ahmad Nasri Abdul Wahab and Ng Yee Hong, in March and June 2015 respectively with the Malaysian Institute of Accountants (MIA) for filing fraudulent 1MDB annual financial statements.

“My complaint against KPMG was for its failure to take into consideration the material disclosures of the transactions which took place in 1MDB’s then US$1 billion (RM4.05) billion investment to form an aborted joint venture with Petrosaudi International Limited from 2009 to 2010, including at least US$700 million (RM2.83 billion) that was siphoned to Jho Low’s company, Good Star Limited,” he said.

Pua reminded that KPMG had then performed the arguably record-breaking feat of signing off the March 2010 financial audit within three weeks after being appointed in September 2010, after the original auditors Ernst & Young (EY) were sacked.

“EY had refused to sign off 1MDB’s financial statement due to irregularities in the transactions with Petrosaudi.

“Deloitte, on the other hand, took over from KPMG after the latter was sacked by 1MDB in December 2013.

“KPMG had refused to sign off the March 2013 accounts because it was unable to verify the authenticity of 1MDB’s US$2.318 billion (RM9.40) billion investment in a dodgy investment fund parked in Cayman Islands,” he said.

He further recalled accusing Deloitte Malaysia of intentionally and/or negligently failing to conduct sufficient and necessary due diligence and audit of the cash flow and liquidity risk 1MDB.

“Deloitte endorsed 1MDB as a going concern on November 5, 2014, after which 1MDB immediately failed to repay a RM2 billion loan at the end of November 2014.

“This was because Deloitte has failed to perform a thorough authentication and verification of 1MDB’s investment in the Cayman Islands, which turned out to be fraudulent,” he said.

On Feb 26, Finance Minister Datuk Seri Tengku Zafrul Aziz said AMMB Holdings Berhad has agreed to pay RM2.83 billion to the Malaysian government as global settlement on all outstanding claims and actions over AmBank Group’s involvement in the 1MDB scandal.

He said the settlement is part of the Malaysian government’s continuing efforts against all parties directly or indirectly involved in 1MDB and 1MDB-linked entities to recover funds.

Muhyiddin aide says Agong pressured Muhyiddin to sign an agreement to form an unity government -If true, Agong may well have overstepped limits of law and convention - Constitutional monarchs may only witness the formation of government, nothing more

 by Ganesh Sahathevan 

                                  Photo credit Sydney Morning Herald

The NST has reported :

Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin had "reluctantly" signed a proposed unity government agreement with Pakatan Harapan (PH) presented by Istana Negara, which included the prime minister post being rotated, said an aide to the former prime minister.

Giving his account of events that unfolded before the government was formed, Marzuki Mohamad said his boss was asked to sign the agreement after he sought the permission of the Yang di-Pertuan Agong to leave the palace and head home on Nov 22.

Muhyiddin, he said, was presented with the proposal of forming a unity government with PH, to which he had objected.

"He told the King that cooperation with PH was against the policy of PN and the people's mandate. Therefore, he could not agree with the proposal. This stance was also agreed to by Tan Sri Abdul Hadi Awang (Pas president) who was in the audience with the King.

If true, the Agong may well have overstepped the limits of law and convention placed on him as a Constitutional monarch. Constitutional monarchs  may only witness the formation of government, and  nothing more for  Article 43(2)(a) of the Federal Constitution states: 

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.

There are no provisions that would allow the Agong to take any other steps to affect the formation of government.  If the Agong had in fact acted in the way reported, then there may well be question marks over his appointment of Anwar Ibrahim as prime minister. 

To be read with

Muhyiddin 'reluctantly' signed Istana Negara's proposed unity government agreement with PH, says senior aide

By Dawn Chan - November 27, 2022 @ 6

KUALA LUMPUR: Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin had "reluctantly" signed a proposed unity government agreement with Pakatan Harapan (PH) presented by Istana Negara, which included the prime minister post being rotated, said an aide to the former prime minister.

Giving his account of events that unfolded before the government was formed, Marzuki Mohamad said his boss was asked to sign the agreement after he sought the permission of the Yang di-Pertuan Agong to leave the palace and head home on Nov 22.

Muhyiddin, he said, was presented with the proposal of forming a unity government with PH, to which he had objected.

"He told the King that cooperation with PH was against the policy of PN and the people's mandate. Therefore, he could not agree with the proposal. This stance was also agreed to by Tan Sri Abdul Hadi Awang (Pas president) who was in the audience with the King.

"Muhyiddin was also told that Datuk Seri Anwar Ibrahim was also at Istana Negara and the plan after was to hold a discussion together. But because Muhyiddin had disagreed with the proposal, he had sought the consent of the King to leave the palace and return home.


"Before leaving, Muhyiddin was asked to sign the proposed unity government agreement with PH, which, among other things, detailed the rotation of the prime minister's post.


"He signed it but stated he had disagreed (with the agreement)," said Marzuki in a Facebook post.

Marzuki said he was initially certain that Muhyiddin would be called by the palace to take his oath as the 10th prime minister after PN submitted 115 statutory declarations (SD) from Dewan Rakyat members pledging their confidence for Muhyiddin to be prime minister.

However, during the audience, he said that Muhyiddin was told that he no longer had the support of the majority after 10 Barisan Nasional (BN) MPs had withdrawn their support.

"The BN chairman, had in turn, sent a letter to the King to say that 30 BN MPs had given their backing to Anwar as the prime minister. However, no SD was presented as stipulated by the palace.

"Anwar is said to have 86 SD supporting him as PM while Muhyiddin had 105 after 10 redrew their support. Because of doubts, Muhyiddin then suggested that the palace call the 10 BN MPs to ascertain their stance, and this was consented by the King.

"It was then Muhyiddin that was presented with the proposal to form a unity government with PH," said Marzuki.

However, on Thursday morning, Umno MPs agreed to form a unity government without PN but he was unsure if they had signed any SD to support Anwar as the PM, unlike what had been set for Muhyiddin, he said.

Marzuki said he had accepted the fact that Anwar was made the 10th PM after the Conference of Rulers special meeting on the formation of the government concluded later that day.

"Hopefully there will be no accusations that Muhyiddin was treasonous, arrogant and unwilling to negotiate.

"Hopefully, Anwar will conduct his duties with integrity and responsibly and uphold the trust of religion, race and country.

"We have done all we can according to the law and requirements of the Federal Constitution to complete the process of the 10th PM as set by Istana Negara.

"We surrender (to God) and in good faith, we accept this with an open heart," he said.
Muhyiddin challenged to reveal MPs backing him

Will UMNO lose control of its businesses to Anwar Ibrahim, and what role for Rahim Ghouse - GE 15 has serious implications for business in Malaysia, even if Anwar pretends that its about human rights, , unity , and world peace

 by Ganesh Sahathevan 

While Anwar Ibrahim has promised a brighter, more free, prosperous, inclusive Malaysia (see above) the real issue, which he is unlikely to say anything about is the matter of which UMNO businesses his people and he will want control of. That is likely to be decided during the granting of cabinet positions, but as one recalls from the mid 90s when Anwar was Finance Minister, Team Anwar's control of assets, such as the Realmild-NSTP conglomerate, are likely to be held via a web of trusteeships(or more crudely, proxies).

The apparent emergence of out bankruptcy by Vinod Sekhar provides some clues about existing structures, but the real question with regards the future is what role Rahim Ghouse will play in the management of UMNO assets that may be sequestered, and importantly in the control of Petronas' cashflows. Anwar has waited 24 years to be in the position where he and he alone controls Petronas, without any oversight.Politics and business in Malaysia are inseparable, and political influence always has a price. As Finance Minister in the mid-90s Anwar understood that well, but lack of control of Petronas limited his influence, especially after the Asian Crash Of 1997.

Terence Gomez's  Political Business in East Asia provides some indication of what assets UMNO controls, even if changes in leadership and loss of government in 2018 might have affected control of some of the assets. 

This writer would include companies in which the Malaysian Government, usually via MOF Inc, holds a golden share. A prominent example is Sports Toto Malaysia Sdn Bhd (see story below). 

 END 

Friday, April 1, 2022

Vincent Tan son's drug charges and related governance issues raise unavoidable questions about the exercise of the Malaysian Government's Golden Share in Sports Toto

 by Ganesh Sahathevan 

                                                                 

Most Malaysians today may not recall that Berjaya Sports Toto was once better known as Sports Toto Malaysia  Sdn Bhd, a company owned by the Government Of Malaysia.

That company was privatised to Tan Sri Vincent Tan, but the Government retained a Golden Share that allowed it to retain effective control . Given the current judicial scandal involving Vincent's son Nevin Tan, which as this writer says, cannot be divorced from Vincent's own  history with the judiciary, the exercise of that Golden Share comes into focus. 

Suffice to say that these issues concerning the judiciary and Malaysia's legal system are unlikely to have arisen had Vincent not had the financial power and status that have accrued to him as a result of the Sports Toto privatisation, enabled by the Government Of Malaysia. 

Australia's health chief Brendan Murphy says that COVID vaccines did prevent transmission in Australia -Murphy's assertion suggests Australia's experience with the vaccines has been different to the rest of the world

 by Ganesh Sahathevan 

Australia's health chief Brendan Murphy says that COVID vaccines did prevent transmission in Australia (see 4:00 onwards).

Murphy's assertion suggests Australia's experience with the COVID vaccines has been different to the rest of the world, for example the experience in Singapore, where in an interview with Emma Connors published in the Australian Financial Review Australian  infectious disease expert Dale Fisher who now lives and works in Singapore said: 

The concept of herd immunity is that when enough people around you are vaccinated, you’re shielded. But when vaccinated people can actually transmit it, you are not shielded. There is no herd immunity.

END 

Vinod Sekhar's presence at Pakatan Harapan meeting raises anew ongoing mystery about PM in waiting Anwar Ibrahiim's wealth, and its source

 by Ganesh Sahathevan

The photo above tweeted by Emmanuel Samarathisa raises anew the ongoing mystery about PM in waiting Anwar Ibrahim wealth, and its source, which go back to at least 2003.

In addition aAnwar has yet to explain his dealings with Vinod Shekar, whose finances are doubtful, and was very recently the subject of bankruptcy and asset seizure proceedings. 

TO BE READ WITH 

Thursday, September 24, 2020

PM in waiting Anwar Ibrahim's Sabah campaign funding : Private jet from Vinod Shekar requires explanation



by Ganesh Sahathevan

















The photograph above shows Dr Anwar Ibrahim, Malaysia's Prime Minister in waiting, alighting from

a private jet owned by Vinod Shekar's Petra Group (PetraTara is an amalgamation of Shekar's daughters names). The image is thought to have been captured recently in Sabah, where Anwar has been campaigning for Warisan and Shafie Apdal.





The tail number, T7-VBS, and details are clearer in the images at this link. The images were captured by a plane spotter who states:

Penang Int'l Airport welcomed a frequent VIP visitor to Penang, a private business jet Bombardier BD-700-1A10 Global Express (reg T7-VBS) from Petra Tara group arriving from LGK on Rnwy04 on a hazy afternoon dated 12 August 2020.

The acquisition of private jet is quite a comeback for a Shekar.

This time last year he seemed to have difficulties paying a sum that



would have equalled a fraction of the running costs of his Bombadier G700. Anwar Ibrahim has some explaining to do.




TO BE READ WITH



Court bailiffs unable to arrest corporate figure allegedly conned Irish man in US$108,000
By ZIININE A.S on September 13, 2019


Court bailiffs trying to arrest Vinod Sekhar at his house but he is not around.

SHAH ALAM: The court bailiffs could not arrest rubber industry figure Vinod Sekhar who has allegedly conned an Irishman in US$108,000 (about RM449,000).



The Irish man, John Slattery filed a civil suit against Sekhar claiming he paid the US$108,000 to Sekhar in 2017 as an investment in Green Rubber Sdn Bhd, a company which Sekhar was chairperson and founder.

According to Slattery`s lawyer Colin Pereira who sued Sekhar for breach of a contract, neither the judgment debtor nor his family were at home when the court bailiff arrived to arrest him this morning.

“The security guard was unable to confirm where they were. But a check on the judgment debtor Vinod Sekhar`s facebook seems to suggest that he is in London, United Kingdom,” he added.

On 23 August, Malaysiakini reported that Court bailiffs had on Aug 7 raided the house of Vinod Sekhar in Bukit Tunku, Kuala Lumpur and took away valuables worth RM150,000.

The action was taken to fulfill a writ of seizure issued by the Kuala Lumpur Sessions Court recently, following the court’s decision to award John Slattery US$108,000 as a full settlement for his suit against the businessperson.



The judgment was made in default on June 11 following Sekhar’s failure to appear before the court, according to the report.

It was also reported that Sekhar had promised the Irishman many positions in three companies including as executive director in Green Rubber Sdn Bhd and as senior vice-president of strategic development in Sekhar’s well-known Petra Group. Sekhar is chair of Petra Group and also the company’s chief executive officer.





“During the interview for these posts, Sekhar had offered my client the opportunity to invest in Green Rubber. He had represented to my client that he was a famous corporate figure and that his father was a prominent figure in the rubber industry.

“However, according to my client, he never mentioned that he was bankrupt.



“My client had then agreed to invest in the company and transferred the sum into Sekhar’s personal bank account on May 16, 2017. However, to date, no shares had been transferred to my client,” the lawyer told the media.

Failing to respond to the court judgment led the court bailiffs to Sekhar’s house in Bukit Tunku to arrest him today but failed as he was not around.

The court had on Aug 13 issued the arrest warrant for Sekhar following his failure to appear before the court.




Sekhar denied the allegations. When contacted by Malaysiakini he said he had nothing to do with the case personally and that it was a matter between Green Rubber as a company and Slattery as a former employee.

The Irishman`s lawyer told Malaysia World News today, if the judgment debtor is in fact overseas, then my client is indeed surprised to learn that he was allowed to leave the country despite the immigration authorities being informed on two occasions that a warrant of arrest had been issued against him.

“My client has asked me to seek clarification again from the immigration authorities and to raise the matter up with MACC, if necessary.

“We have also sought clarification from the Director-General of Insolvency on whether the judgment debtor, as a bankrupt, has obtained consent to leave the country as required by Section 38 of the Insolvency Act,” he said



However, a source told Malaysia World News that Sekhar, who always posts photos of himself with PKR leader Anwar Ibrahim on his Facebook as if he is a close friend to this latter, has many properties or companies in Malaysia and Singapore and he has just bought a factory in Shah Alam with a price of RM10 million, but Malaysia World News could not yet verify whether he bought this property under his name or his wife`s name. How could he be a bankrupt man, then?Vinod Sekhar with Anwar Ibrahim in a pic he posted on his Facebook

Agong may be bound by the High Court decision in Hassan Gani Pengiran Amir’s case - Agong cannot compel MPs to toe party line, and must as he has done before interview MPs individually

by Ganesh Sahathevan   

 

In the matter  of Sabah state assemblyman Hassan Gani Pengiran Amir Mr Justice  Wong Siong Tung held: 

“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody."

“Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."

“Any cause of action based on such an arrangement to deprive such freedom cannot be sustained in law. The appropriate penalty against the elected member of legislature for broken political promises is for the voters or electors to consider voting differently at the next opportunity.”

Hassan was elected a Sabah state assemblyman under the Warisan banner, but then left the party. Warisan  sort to have his seat declared vacant, but the High Court rejected the application with costs.

The  Agong may therefore  be bound by the decision of Judge Wong Siong Tung in Hassan's case and may be constrained from compelling MPs to toe the party line (see story below).

His Majesty does seem to be  in a position where interviewing  MPs individually (rather than their leaders ) is the only option he has to try and determine who among them commands the confidence of the majority of members.

TO BE READ WITH 

Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 

Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.

While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership. 

Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them. 

END 

Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 

Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.

While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership. 

Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them. 

END 

See Also

The Agong can appoint Anwar PM 10 but the majority of members can still vote to reject the Motion of Thanks to the Agong, and remove Anwar as PM.

The Agong can appoint Anwar PM 10 but the majority of members can still vote to reject the Motion of Thanks to the Agong, and remove Anwar as PM.

 by Ganesh Sahathevan 

Anwar Ibrahim and others have insisted that there is UK precedent for the appointment of Anwar as the 10th  Prime Minister of Malaysia, for his Pakatan Harapan has the largest number of elected representatives, even if they do not have a majority of the 222 seats that constitute the Malaysian Parliament's Dewan Rakyat.

There is however other  UK Westminster  precedent for the incoming Dewan Rakyat to reject the Motion Of Thanks as a means of registering a vote of no confidence in Anwar Ibrahim, should he be appointed PM 10.

On 29 January 1855 George Hamilton-Gordon, 4th Earl of Aberdeen said in his address to the House Of Commons: 

"That an humble Address be presented to His Majesty, as followeth:—
Most Gracious Sovereign,
We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, beg leave to offer our humble thanks to Your Majesty for the Gracious Speech which Your Majesty has addressed to both Houses of Parliament.
But it is our duty respectfully to submit to your Majesty that Your Majesty's present advisers have not the confidence of this House."

On 30 January 1855 the Government of the day resigned, before it could be deposed by a vote of the Members. 

These were the same type of circumstances that the Agong and then Prime Minister Muhyiddin Yassin faced in early 2020. The situation was evaded by having the Agong deliver his speech without there being a debate. While there was not a legal challenge, the manoeuvre was likely to have been illegal. 

TO BE READ WITH 

Sunday, October 18, 2020

Convention and law requires a motion of no confidence to be heard first: Failure to do so can embarrass The Agong should the Motion Of Thanks be rejected by the majority of Members

 by Ganesh Sahathevan 

The Speaker of Malaysia's Dewan Rakyat has attempted via the video above, which is currently making the rounds on social media and Whatsapp,  to explain why he has no power  to have a Motion Of No Confidence in the government  moved up the agenda for the coming sitting of the Dewan Rakyat. 

Assuming that the Speaker's analysis of the conventions is correct, a number of problems arise. First, the Motion of Thanks may be rejected by the majority of the Members of the Dewan Rakyat. The Opening Address, while read by the Agong, is prepared by the government, and outlines the government's agenda for the coming term. It follows that the agenda would be rejected by Members who have lost confidence in the government, by rejecting the Motion of Thanks. 

The issue arose earlier this year, and as readers will recall, the government evaded the issue by cancelling the debate on the Motion of Thanks.That evasion, which is against convention and law, caused insult to the Agong by making his speech irrelevant (see below).

Additionally,  any Member can choose, during the debate on the Motion Of Thanks to move a motion of no confidence against the government. 

In light of the above it is clear that reliance on convention to prolong the life of a government that has lost the confidence of the majority is meaningless. In fact, the Speaker, being the spokesperson for the Dewan Rakyat  in its relations with the other parts of the Parliament, including the Agong, may in fact be in breach of his duties to the Members, and the Agong,if he does not have the motion of no confidence heard as a matter of priority. 

TO BE READ WITH  

Wednesday, May 13, 2020

Malaysia's King will address Parliament, but his Royal Address will be ignored, and be of no consequence: King's Prime Minister Muhyiddin Yassin to blame; fear of a motion of no confidence during the debate on the Royal Address may have motivated the insult

by Ganesh Sahathevan

                                           Malaysia's King Abdullah Of Pahang

                                                         


The Star has reported:

The Dewan Rakyat meeting on Monday (May 18) will only feature the opening address by the Yang di-Pertuan Agong, said Parliament.

Dewan Rakyat Speaker Tan Sri Mohamad Ariff Md Yusof said that there would not be any other government business to attend to for the day.

"I received a letter signed by the Prime Minister who is the Ketua Majlis, informing that as the Covid-19 outbreak has not been completely subsided, the government had decided that the first meeting of the third session of the 14th Parliament would only take place for a day on May 18.

"There will be no meeting after the Yang di-Pertuan Agong's opening address," he said in a statement on Wednesday (May 13).

As result of  Prime Minister Muhyiddin Yassin's request, the Agong's Royal Address will not be debated, voted on, and as is customary, accepted by Parliament on behalf of the people.

Put in another way, this king's speech will in effect be ignored, carry no weight and be of no consequence. What this popular monarch may have done to earn this insult is hard to fathom, but such is the nature of Malaysian politics. 

Having said that it is not unlikely that PM Muhyiddin fears a speech such as this during the debate on the Royal Address, which led to the removal of another prime minister:

"That an humble Address be presented to His Majesty, as followeth:—
Most Gracious Sovereign,
We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, beg leave to offer our humble thanks to Your Majesty for the Gracious Speech which Your Majesty has addressed to both Houses of Parliament.
But it is our duty respectfully to submit to your Majesty that Your Majesty's present advisers have not the confidence of this House."^[40]

END 

TO BE READ WITH 

Malaysian speaker of parliament accepts Mahathir's motion for no-confidence vote against PM Muhyiddin

KUALA LUMPUR: Malaysia Parliament Speaker Mohamad Ariff Md Yusoff has accepted Dr Mahathir Mohamad’s proposed vote of no-confidence against Prime Minister Muhyiddin Yassin.


In a statement on Friday (May 8), the speaker said that he has accepted the former prime minister's motion, which states that Mr Muhyiddin does not have the confidence of the majority of the Members of Parliament (MPs).

However, it was not spelt out in the statement whether the motion will be debated in the upcoming one-day sitting on May 18.

In the same statement, Mr Mohamad Ariff also rejected a separate motion tabled by Dr Mahathir for him to remain as the speaker until the current parliament is dissolved.

He also reiterated that he will not be allowing the tabling of a motion sought by Semporna MP and Sabah Chief Minister Mohd Shafie Apdal, to determine that Dr Mahathir has the confidence of parliament.

Mr Mohammad Ariff said the motion was inconsistent with Article 43 of the Federal Constitution and disputes the authority of the king in the matter of appointing the prime minister.

Parliament is scheduled to sit for one day on May 18. It was originally scheduled to sit from Mar 9 to Apr 16 but that was postponed until May 18 to Jun 23 following a change of government which saw Mr Muhyiddin being appointed prime minister.

The government later decided to hold a one-day sitting, on May 18, in view of the movement control order (MCO) that was imposed on Mar 18 to curb the spread of COVID-19.

In March, Dr Mahathir said that Pakatan Harapan’s (PH) attempt to table a no-confidence motion against Mr Muhyiddin Yassin in parliament was unlikely to succeed.

“Now that he is the government, he can afford to offer inducements to many,” said Dr Mahathir on Mar 10.

“I found that some of my supporters have been made ministers, so they switched sides.”
Source: CNA/am(aw)

Posted by Ganesh Sahathevan at 5:37 AM 

Posted by Ganesh Sahathevan at 5:32 PM