The King can direct Prime Minister Tan Sri Muhyiddin Yassin to call an immediate Parliament sitting without waiting for the special five-day meeting slated to start on July 26, says Pakatan Harapan.
“In these circumstances (loss of support from Umno), it is incumbent on the Prime Minister to tender his resignation and that of the Cabinet unless he requests the Yang di-Pertuan Agong to dissolve Parliament pursuant to Article 43(4) of the Federal Constitution.
“Upon failure by Muhyiddin to tender his resignation, the Yang diPertuan Agong may direct the Prime Minister to convene an immediate Parliament sitting without waiting till July 26 to table a motion of confidence to prove he enjoys the support of the majority of the members of Parliament, ” Pakatan’s legal committee said in a statement on Friday (July 9).
The committee opined that if Muhyiddin does not do so, the King has the power to dismiss him and appoint another MP who enjoys the support of the majority as prime minister.
Dewan Rakyat is to convene for a special five-day meeting this coming July 26 to discuss the Covid-19 pandemic situation.
Also on the table during the meeting is the Emergency Proclamation and amendments to Parliament rules to allow hybrid meetings.
The committee also noted that proving a loss of confidence in Muhyiddin and his administration need not come from individual Umno MPs solely, as pointed out by Attorney General Tan Sri Idrus Harun.
“The statement by the Attorney General that it is for individual Umno MPs to state they have lost confidence in the Prime Minister, and until that happens, Tan Sri Muhyiddin and his Cabinet are entitled to exercise executive powers is wrong, ” the committee added.
The seven-member committee said this could be seen from the Federal Court’s decision surrounding the Perak constitutional crisis in 2009 where the loss of support for Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin saw Datuk Seri Zambri Abdul Kadir assuming the post.
The committee said that the statement by Umno president Datuk Seri Dr Ahmad Zahid Hamidi that his party is withdrawing its support for Muhyiddin is clear evidence that the Prime Minister has lost the majority support of MPs.
On Friday (July 8), Idrus said that Muhyiddin and his Cabinet still held executive power under the Constitution.
The Attorney General said according to Article 43(2)(a) of the Federal Constitution, the determination of whether or not an individual has the confidence of the majority, shall be made by members of the Dewan Rakyat themselves and not based on statements by any political party or party leader.
Idrus’ statement came in the wake of Ahmad Zahid’s announcement that Umno had officially withdrawn its support for Muhyiddin Yassin as prime minister effective immediately following Umno supreme council’s meeting on Wednesday (July 7). – The Star