Confidence motion on Perikatan govt would work in theory, say constitutional lawyers

KUALA LUMPUR, Dec 12 — The collective responsibility of the Cabinet meant a confidence motion on it would also have the effect of one against the prime minister, said law experts.

Commenting on Opposition Leader Datuk Seri Anwar Ibrahim’s suggestion for such a motion against the Perikatan Nasional government, they agreed this could serve as a proxy for a vote of confidence specifically on the PM.

“In my view it is the same thing. Under our constitution, the person who forms the Cabinet is the prime minister,” Kuala Lumpur Bar Practice Reform Committee’s Surendra Ananth said.

“The prime minister is appointed by the Yang di-Pertuan Agong. The prime minister then chooses the Cabinet members who are then appointed by the Yang di-Pertuan Agong,” Surendra said.

Although the Cabinet is ultimately answerable to Parliament, he said the composition of the Cabinet was the prerogative of the prime minister.

Surendra told Malay Mail this meant a confidence motion on the Cabinet was effectively judgement on the PM’s competence in appointing his ministers.

Malaysian Bar’s Constitutional Law Committee co-chairman Andrew Khoo agreed that the idea was technically possible but was sceptical that it would be a realistic tactic given the current position of the Speaker.

“We have been told that there are 25 motions in relation to confidence or no confidence in the government which have been filed with the Parliament Speaker.  

“Being non-government business, they have been placed far down the Order Paper of the Dewan Rakyat for the current session,” said Khoo when contacted.

He recalled that Speaker Datuk Azhar Azizan Harun had repeatedly asserted that he was bound by the Standing Orders and cannot  promote these motions in Order Paper without the consent of the government.

“But we have just seen the Speaker of the Perak State Legislative Assembly allow a motion of confidence to be voted upon despite being at the bottom of the Order Paper of the State Legislative Assembly.

“So, can it be done? Yes.

“Will it be done? That depends very much on the (Dewan Rakyat) Speaker. Based on his previous comments and explanations, it would appear that the answer will be ‘no’,” he said.

Citing lack of clarity on Perak State Assembly’s Standing Order, Azhar had on Tuesday again declined to bring forward the motion of no-confidence against the Prime Minister Tan Sri Muhyiddin Yassin.

He said that he was unsure how the Perak Speaker handled the motion of confidence and which Standing Order the latter used.

Last Friday, former Perak mentri besar Datuk Seri Ahmad Faizal Azumu lost the motion of confidence tabled on him and was ousted from his position.

Airing similar views, constitutional lawyer New Sin Yew said a confidence motion moved against the government was equivalent to tabling the motion against the prime minister.

“It does not need to be specified that the motion of confidence is against a certain individual in the government.

“If a motion of confidence is moved against the government, and because the prime minister chooses his Cabinet ministers, it amounts to the same effect,” New said when contacted.

He added that what Anwar proposed is similar to a no-confidence motion filed by then-Opposition leader Datuk Seri Dr Wan Azizah Wan Ismail against former prime minister Tun Abdullah Ahmad Badawi back in 2008.

On July 11 that year, Dr Wan Azizah had filed an emergency motion of no-confidence against Abdullah and his Cabinet citing the country’s situation that had “worsened” especially for those in the poverty and low-income brackets.

On Monday, Anwar proposed a confidence vote to be tabled in Parliament against the PN government questioning its ability to lead Malaysia competitively in a post-Covid-19 economy.

The PKR president said the confidence motion was necessary after international credit rating agency Fitch lowered Malaysia’s long-term foreign-currency issuer default from A- to BBB+ last week.

While Malaysia was accorded a stable outlook, the ratings agency commented that the PN government’s thin two-seat parliamentary majority implies persistent uncertainty about the country’s future policies.