Muhyiddin may be trying to evade the motion of no-confidence against himself.
Prime Minister Muhyiddin Yassin has breached the doctrine of separation of powers in his bid to remove Dewan Rakyat’s speaker and a deputy, said former law minister Liew Vui Keong.
He said the unprecedented motion reeks of the executive’s interference in the affairs of the legislative branch of the country.
“The doctrine of separation of powers clearly entails that the executive (government), legislature (Parliament) and judiciary (courts) are three separate organs of a state that are independent of one another.
“One organ cannot simply meddle into the affairs of another. Malaysia practices this doctrine,” he said in a statement today.
Liew, who is Batu Sapi MP, said it is unconstitutional for any one organ to meddle in the affairs of the other.
This, he said, would be a blatant breach and disregard of the doctrine of separation of powers which is woven into the very spirit of the federal constitution.
Questioning the timing over the motion against speaker Mohamad Ariff Md Yusof and his deputy Nga Kor Ming, Liew said Muhyiddin may be trying to evade the motion of no-confidence against himself.
“To ensure he evades the motion of no-confidence in him as prime minister, he has sought in his capacity as prime minister to remove the speaker and deputy speaker of the Dewan Rakyat,” Liew said.
He added Muhyiddin’s motion is in bad faith with vested personal interest in its outcome.
“It unconstitutionally flies in the face of our federal constitution, breaching the doctrine of separation of powers, and is unacceptable.”
He said there are no grounds to remove Ariff and Nga as both have been extremely professional in executing their duties.
He also said the first MP to be ejected from Dewan Rakyat in the first session after the 14th general elections was from the then government bench.
“There is hence no room for any partiality. Tan Sri Dato’ Ariff was a fiercely independent Court of Appeal Judge. What is the prime minister afraid of?”
Liew urged Muhyiddin to provide an explanation on the motion.
He said the matter was both “shocking” and “unconstitutional”.
The prime minister must also immediately explain his interference in Parliament’s affairs to Malaysians, he said.
“He is not beyond reproach. Nor is he above the constitution. He must be held accountable.”
Muhyiddin’s motion to replace Ariff and his deputy Nga will be tabled on the first day of the upcoming Parliament sitting on July 13.
Batu Pahat MP Mohd Rashid Hasnon, who is the other deputy, is not affected.
Muhyiddin also faces a motion of no-confidence that will be tabled by Langkawi MP Dr Mahathir Mohamad.
Perikatan Nasional’s partner PAS, meanwhile, has submitted a motion of confidence in Muhyiddin.
Yesterday, Nga confirmed that the speaker’s office had received Muhyiddin’s motion to remove him and Ariff.
The motion cited Article 57(3), which reads: “During any vacancy in the office of speaker or during any absence of the speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the deputy speakers or, if both the deputy speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as speaker.”
Muhyiddin’s motion to remove the speaker was reportedly received at 4.50pm yesterday afternoon, 10 minutes ahead of the submission deadline.
Ariff also confirmed that Muhyiddin had submitted the motion to his office.
“Yes. Don’t ask me anymore. Please ask the PM and the law minister for further details,” he was quoted as saying.
The de facto law minister is Takiyuddin Hassan.
Ariff said he was not troubled by the motion and was “relaxed” about it.
Malaysiakini reported Nga saying the motion bucked convention and created an unprecedented move in the prime minister asking to replace a sitting speaker and his deputy at the same time.
Nga was reported saying the Federal Constitution only allows a speaker or deputy speaker to be replaced when the position is vacant, whether through death, resignation, or the dissolution of Parliament.
He said that none of the scenarios applied in the present situation, adding that their replacement could only be decided by a House vote and not by the prime minister.
“Only the Dewan Rakyat has the power to do that. Whatever the motion, whether it is to replace the speaker or freeze a parliamentary convention, it must be brought to the House for a vote.
“Our position is simple, we will respect the decision made by the Dewan Rakyat. If the house wants us to remain, we will remain. If it wants us to leave, we will leave. Everything will be done in accordance with the Constitution and parliamentary rules,” Nga was quoted saying.
This motion will become Muhyiddin’s first test of support in the Dewan Rakyat since coming into power in March.
In May, Ariff had accepted Langkawi MP Dr Mahathir Mohamad’s motion of no-confidence against Muhyiddin.
It is unknown when this motion can be tabled since government matters almost always take precedence during Dewan Rakyat sittings.
Efforts to replace a sitting speaker mid-term is not without precedence.
In May 2009, Perak legislative assembly speaker V Sivakumar was dragged out of his chair. The House then declared the seat vacant and voted to replace Sivakumar with R Ganesan.
Following this, the Ipoh High Court ruled that Perak legislative assembly’s decision was “conclusive” and “fairly determined”
More recently, states which saw PN taking over as state governments resulted in the speakers of the respective legislative assemblies stepping down to make way for the election of a new speaker.