Mahathir can topple Muhyiddin today
In other words, Mahathir does need to table a vote of no confidence in parliament on 18th May 2020, or in July. Mahathir can today prove that Muhyiddin does not “command the confidence of the majority of the members of that House” by holding a press conference together with the “majority” who DO NOT support Muhyiddin.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
We hear many lawyers (who are supposed to be experts in the law), plus even some constitutional experts, argue about the legitimacy of Muhyiddin Yassin’s appointment as prime minister plus the legitimacy of the Pakatan Harapan government.
Note I said “appointment” as prime minister and not “election” as prime minister. And this is because the prime minister is appointed and not elected, so it really has nothing to do with the so-called “people’s mandate”, as Pakatan Harapan keeps saying. Hence the argument by the Pakatan Harapan supporters that they did not vote for Muhyiddin is not valid.
Muhyiddin won 23,558 votes while Mahathir won only 18,954 votes in GE14
Of course you did not vote for Muhyiddin Yassin. Out of the 12 million Malaysians who voted in GE14, only 23,558 voters in Pagoh voted for Muhyiddin. Tun Dr Mahathir Mohamad, on the other hand, won only 18,954 votes in Langkawi. Hence no one “won” the post of prime minister in an election. They were just appointed the prime minister.
And Seri Paduka Baginda Yang di-Pertuan Agong uses his discretion (budi bicara) in deciding who will become prime minister (Article number 40(a)(2)(a) of the Federal Constitution of Malaysia) based on who, in His Majesty’s judgment, is likely to command the confidence of the majority of the members of that House (Article number 43(2) of the Federal Constitution of Malaysia).
And Article number 32(1) of the Federal Constitution of Malaysia says the Agong “shall not be liable to any proceedings whatsoever in any court”. In short, the Agong can do what the fook His Majesty likes, as long as His Majesty uses His Majesty’s discretion in compliance with the Federal Constitution of Malaysia — and there is nothing you can do about it.
His Majesty the Agong and not the voters decide who becomes prime minister
Actually, this matter can be solved today itself. All Tun Dr Mahathir Mohamad needs to do is call a press conference TOGETHER WITH the 112 members of parliament (or more) who support him and show the 112 (or more) statutory declarations that they have signed declaring that they have no confidence in Muhyiddin.
In other words, Mahathir does need to table a vote of no confidence in parliament on 18th May 2020, or in July. Mahathir can today prove that Muhyiddin does not “command the confidence of the majority of the members of that House” by holding a press conference together with the “majority” who DO NOT support Muhyiddin.
Then send the statutory declarations of all those who DO NOT support Muhyiddin to Seri Paduka Baginda Yang di-Pertuan Agong.
Mahathir can oust Muhyiddin the same way they are ousting Mukhriz, so why does he not do that?
This is how they are ousting Mukhriz Mahathir as the Menteri Besar of Kedah. This was how they ousted Mohd Daud Abdul Samad as the Menteri Besar of Terengganu in 1961. This was how they ousted Mohamed Nasir as the Menteri Besar of Kelantan in 1977 (and the Agong even declared an emergency in Kelantan). This was how they ousted Nizar Jamaluddin as the Menteri Besar of Perak in 2009. And the list goes on. In fact, not a single state has not seen its menteri besar ousted, either through a vote of no confidence or through “Palace Intervention”.
So, senang saja. All Mahathir has to do is prove his 112 or 120 or 130 MPs. Then out goes Muhyiddin and in comes Mukhriz, or whoever. No need for a vote of no confidence in parliament. Or maybe Mahathir does not really have the numbers, which is why he is merely main wayang by calling for a vote of no confidence in parliament, knowing that it is never going to happen.
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Article number: 32
● (1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court.
Article number: 40a
● (2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say –
❍ (a) the appointment of a Prime Minister;
❍ (b) the withholding of consent to a request for the dissolution of Parliament;
Article number: 43
● (2) The Cabinet shall be appointed as follows, that is to say –
❍ (a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House;
● (3) The Cabinet shall be collectively responsible to Parliament.
