Malaysia
Precarious, but BN in Terengganu can cling on with minority rule, lawyer says
Flags of both BN and Pas seen here next to a paddy field in Sungai Limau during the run-up for the Sungai Limau by-election. u00e2u20acu201d Picture by K.E. Ooi

KUALA LUMPUR, May 13 — The Terengganu government’s options are narrowing but with some luck it can continue to administer the state despite the slew of resignations from Umno, according to a lawyer with expertise in constitutional law.

Syahredzan Johan, who is former co-deputy chair of the Bar Council’s constitutional law committee, said BN could administer the state as a minority government as long as the three assemblymen who’ve declared themselves independent do not switch allegiance to Pakatan Rakyat (PR).

A minority government would leave the state in a precarious position and complicate administrative matters but newly sworn-in Mentri Besar Datuk Razif Abdul Rahman, who is the Seberang Takir assemblyman, can continue to command the state, he said.

“The state government might not be able to pass any bill without the majority. But the most problematic situation is that BN (Barisan Nasional) stands the risk of vote of no confidence. That’s the bigger danger the state government is facing now,” Syahredzan told The Malay Mail Online.

The state legislative assembly was rocked when Datuk Seri Ahmad Said quit Umno, just hours after he was replaced by Razid as the state’s mentri besar.

Two other resignations from Umno followed, reducing BN’s number of seats in the 32- seat assembly to 14.

As things stand, PR commands a plurality with 15 seats, but should the trio decide to become PR-friendly independents, the informal pact would get control the state assembly.

The situation gives the three independents a disproportionate say on the government of the state.

Ahmad, who was reappointed Terengganu mentri besar for a second term on May 9 last year, was forced to step down from office mid-term, reportedly due to the BN’s weakest polls performance in a decade.

The embattled lawmaker claimed he had asked Prime Minister Datuk Seri Najib Razak to allow him to step down as mentri besar after his daughter’s wedding reception on May 17 but the Umno president reportedly disregarded the request as a “personal matter”, prompting Ahmad to quit the party.

BN just managed to retain the state administration with 17 state seats against PR’s 15 seats in last year’s general election.

According to Syahredzan, the new mentri besar is left with two options: to offer his resignation together with the executive committee or ask for the state legislative assembly to be dissolved.

“If Razif opts to resign, the Sultan will then appoint the next mentri besar and the executive councillors.

“But if the mentri besar losses the confidence of the majority, the new menteri besar may request that the legislative assembly will be dissolved and a statewide election would be held,” said Syahredzan.

The Federal Court ruled during the 2010 Perak constitutional crisis that the Sultan has the power to decide on the support enjoyed by the menteri besar “through other means not necessarily through a vote of no confidence.”

That puts the prerogative on Terengganu Sultan Tuanku Mizan Zainal Abidin, the lawyer added.

The apex court also stated that if the mentri besar and the executive council refuse to resign after losing the assembly’s confidence, they will automatically lose their positions in the state government.

In February 2009, PR lost control of Perak after three PR assemblymen declared themselves BN-friendly independents.

“The Terengganu state constitution is exactly the same as Perak’s in relation to the relevant provisions on appointment and losing support of the legislative assembly... so if the independents expressly declare their support for PR, the Sultan of Terengganu can interview the defectors like what the Sultan of Perak did before appointing the new line-up,” said Syahredzan.

“But theoretically, the independents could still be supportive of mentri besar. Some sort of expression of support for either side would be best way to gauge the confidence the mentri besar commands,” he added.

“Simply put, it is havoc in Terengganu,” said Syahredzan.

* NOTE: This version of the story contains changes and additional information made at the request of the interviewee, Syahredzan Johan.

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