Newly appointed Prime Minister Muhyiddin Yassin should stamp the legitimacy of his government at the first available opportunity during the scheduled Dewan Rakyat sitting beginning March 9, said legal experts.
They said while the sitting of the lower house can be postponed up to six months by the Yang di-Pertuan Agong on the advice of the prime minister, this is not the route Muhyiddin should take.
Muhyiddin is expected to face the floor test from the Pakatan Harapan pact, which is angry with his appointment as the prime minister.
The Bersatu president’s support among the 222 MPs in Dewan Rakyat has been questioned by Dr Mahathir Mohamad of PH, who said it is he who holds the majority in the lower house.
Constitutional lawyer Andrew Khoo said the prime minister can advise the Agong to postpone the March 9 sitting to a later date.
“The sitting is scheduled for March 9, but the Yang di-Pertuan Agong has not yet issued the summons for it,” Khoo told The Malaysian Insight.
“The prime minister can advise a deferral, perhaps because he needs to prepare a new YDPA speech, since it’s a new government,” said Khoo who co-chairs the Bar Council constitutional law committee.
Dewan Rakyat speaker Mohamad Ariff Md Yusof said he will write to Muhyiddinon whether the March 9 sitting should be delayed.
Dr Mahathir and PH, however, have asked that the meeting not be delayed as they want to prove that they have the support of the majority of MPs.
Another constitutional lawyer, Lim Wei Jiet, said a parliamentary sitting cannot be postponed for longer than six months from the date of the last sitting according to Article 55 of the constitution.
Muhyiddin should allow Parliament to sit as soon as possible because there is now doubt if his government is legitimate, said Lim.
“They should face Parliament and see if they actually do have the confidence of the lower house,” said Lim who sits on the Bar Council’s constitutional law committee.
“He might very well succeed or lose but the point is that it is a credible challenge and he should face it head-on as this goes to the very legitimacy of your entire government, so you should address that as a matter of urgency.”
When the first meeting is called, Dr Mahathir can then table a motion of no-confidence.
“The speaker should treat this as a matter of priority and allow it to be debated first before any other bills or matters of the house.” – TMI