KUALA LUMPUR, Dec 18 — The criticism by Tan Sri Muhyiddin Yassin and Datuk Mas Ermieyati Samsudin of a memorandum of understanding (MoU) — where parties who signed agreed to back Prime Minister Datuk Seri Anwar Ibrahim’s unity government — shows the duo’s political hypocrisy, minister Fahmi Fadzil said today.

Fahmi, the Pakatan Harapan (PH) communications director, today shot back at political rivals Muhyiddin and Mas Ermieyati who had allegedly described the MoU as being invalid or paving the way to dictator rule.

“But this dispute of theirs is political hypocrisy,” the communications and digital minister said in a statement today.

Both Muhyiddin and Mas Ermieyati are leaders of Parti Pribumi Bersatu Malaysia, whose party chose not to be part of the unity government.

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On Friday night, Mas Ermieyati had on Facebook criticised the recently-inked MoU between political parties within the unity government as allegedly being unlawful, unconstitutional and leading to dictator rule, and pinpointed a clause which stated that MPs who went against the signatory party’s stance — to support the prime minister or the unity government — will be deemed to have resigned or quit as MP.

But Fahmi pointed out that PH had itself signed an earlier MoU on August 2021 with a clause requiring the coalition to support the government’s proposed Budget 2022, and which meant PH MPs did not have a choice in that matter.

“Where was Mas Ermieyati’s cry of ‘dictator’ when Pakatan Harapan signed the MoU with Datuk Seri Ismail Sabri Yaacob’s government? Clause 3a of the MoU said Pakatan Harapan must support Budget 2022 - meaning Pakatan Harapan MPs had no choice in this chapter. Is that not dictator?’ he asked, adding that PH had chose to sign the MoU as it understood the need for stability in the government.

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He then asked why Mas Ermieyati had not disputed such a clause in the MoU signed between PH and the government then in August last year, asking if it was because she was a deputy minister at that time.

He also suggested it was the same for Muhyiddin.

Fahmi went on to say that the unity government’s MoU signed on Friday was the correct and wise move to show that the leaders understand what is required to achieve stability, adding that the political parties who had signed had wanted the agreement to be done openly and with all its contents available to the public.

“This is the best way to ensure the government’s stability after a hung Parliament, so that we can focus on solving the public’s problems including the issue of cost of living and to drive the economy to develop Malaysia,” he said, and urged for an end to the sowing of the seeds of dispute and extreme hatred.

“We move on, set aside politics, focus on serving in any positions that are held, for the future of Malaysia,” he added.

Mas Ermieyati, the Melaka Bersatu deputy chief who won the Masjid Tanah parliamentary seat in the 15th general elections, was formerly the deputy minister in charge of law and also a former lawyer.

Mas Ermieyati had disputed clauses in the unity government’s MoU signed on Friday which she said cannot be enforced, especially a clause which purports that any government MPs — which failed to vote to support the prime minister or any other motions which would affect the government’s legitimacy — would be considered to have vacated their seat according to Article 49A of the Federal Constitution.

Mas Ermieyati argued that Article 49A actually would not cause any MP to lose their seat based on how they vote, and that Article 49A actually only covers situations where an MP has resigned or quit as a member of his or her political party.

She pointed out that the special parliamentary select committee looking into anti-hopping laws had previously said in a July report that MPs who do not vote according to their party’s orders would not lose their seats under Article 49A, and went on to say Article 49A cannot be used to threaten MPs into voting in favour of Anwar as prime minister in the vote of confidence on December 19.

Yesterday, Perikatan Nasional chairman and former prime minister Muhyiddin had also said Article 49A also requires MPs to vacate their seats when they switch parties, and argued Article 49A does not cause an MP to lose their seat if they do not vote according to party orders in parliament.

Pagoh MP Muhyiddin also cited the report by the same special select committee in Parliament which said MPs crossing the floor or voting without toeing the party line is not considered as switching parties and will not cause them to lose their status as MPs, and went on to argue that the unity government’s MoU was unconstitutional and invalid.