by Ganesh Sahathevan
The Malay Mail and others have reported:
Deputy Prime Minister II Datuk Seri Fadillah Yusof today confirmed that political parties that support the administration of Prime Minister Datuk Seri Anwar Ibrahim will sign an agreement on their cooperation with the unity government tomorrow.
Fadillah said it will precede the motion of confidence that will be presented in Parliament this Monday.....
The agreement seems likely to offend the decision in the matter of Sabah state assemblyman Hassan Gani Pengiran Amir where 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."
TO BE READ WITH
Tuesday, November 22, 2022
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
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
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