Snap general election unneeded to change Government

Once the government of the day falls, the King is Not legally bound to dissolve Parliament and call for a snap election, EVEN IF the outgoing prime minister or all political parties or a majority of MPs recommend it. 

K.K. Tan, Azmi Anshar

It seems strange and intriguing that many people are confused and so presumptuous on three major aspects of the current political impasse in the country. 

The government still have a wafer thin majority, despite being able to pass through Budget 2021 as requested by the King. The earlier concern about the risk of a government shutdown from January 2021 in the midst of the Covid pandemic, is now no longer an issue anymore.

So, the gloves appear to be off now in a new and most intensive round of power struggle so far, to form a new government between certain factions within and across the political divides, involving mainly Malay based political parties (Bersatu, Umno, Pas, PKR).

Firstly, contrary to the assumption of many analysts, the government can be legitimately brought down at any time and there is no need for Parliament to convene and decide on a vote of confidence or no confidence. 

It is public knowledge (and the wise and well informed King knows it too) that the government has only a majority of two to three MPs. 

All it requires to bring the government down legitimately is for five MPs (say) on the government side to publicly declare, for example via a press conference, that they no longer support the government of the day. 

If this happens, the prime minister is legally obliged to tender his resignation to the King. 

This was what basically happened in the 2009 Perak Political Crisis when the state government was brought down in a similar way, via defections to the other side. 

There was no vote of confidence or no confidence in the Perak State Assembly at that time.

Secondly, again contrary to common misconception, even amongst senior politicians and analysts, once the government of the day falls, the King is Not legally bound to dissolve Parliament and call for a snap election, EVEN IF the outgoing prime minister or all political parties or a majority of MPs recommend it. 

The King has the full power to appoint an MP to be an interim prime minister until GE 15, whom the King believes in his sole discretion, would be able to command a simple majority of the Dewan Rakyat. 

GE15 is not due yet until May 2023. To be sure, the King does have the power, if he so wishes, to dissolve Parliament provided the outgoing prime minister recommends it to him.

Why do many politicians and analysts keep saying or implying that if the government were to fall today, there would be Snap Election within 60 days? 

Most people agree that we cannot afford to have a Snap Election in the midst of a serious pandemic.

So, the country would be in real trouble if the government were to fall now and the King would be “forced to dissolve Parliament and call for a snap election” (which is not true). 

In our assessment, we believe that the King is most likely, as he has indicated before, to appoint a new prime minister (and new Cabinet) rather than dissolve Parliament now for a snap election.

Our advice to these politicians and analysts is to stop spreading false news that the fall of the government means that there will definitely be a Snap Election within 60 days.

There is also another common confusion about the role of a Interim prime minister being the same as the Caretaker prime minister. 

A caretaker prime minister is one who would administer the country purely on a caretaker basis from the time that Parliament is dissolved to the time that the election is called within 60 days and a new government is installed. 

A caretaker prime minister should not be making new policies or approving large projects or awarding new contracts during this period.

An interim prime minister on the other hand, (also appointed by the King sometime halfway in the five-year term) has the same role and powers of a sitting and full term prime minister until the next election is called.

K. Tan is an independent corporate & political analyst on local and international issues for more than 35 years. Azmi Anshar is a former newspaper editor and award winning political commentator