KUALA LUMPUR, Dec 19 — A Perikatan Nasional (PN) MP today claimed that the coalition’s MPs were offered Cabinet positions and even reimbursement of their election expenses, should they support the unity government led by Prime Minister Datuk Seri Anwar Ibrahim.
In his speech debating the motion of confidence on Anwar, PAS’ Kota Baru MP Datuk Seri Takiyuddin Hassan made the allegation but stopped short of naming who made the offer.
“On our part, PN, we accept the reality that we will be an Opposition carrying the role of ensuring checks and balances on the present government.
“However, I wish to reveal here that our party was offered several Cabinet positions to join the government side. There was also a guarantee to purportedly pay back all our election expenses.
“But we did not accept, because we, who are on this side, we bring the mandate from 4.7 million voters who selected PN to fill 74 seats in this Malaysian Parliament,” he said.
Takiyuddin also questioned the legitimacy of the memorandum of understanding (MoU) for the unity government, which allows Anwar to establish a supermajority, with support from 148 MPs, calling it “an unconstitutional document”, as it contradicts several aspects of the Federal Constitution.
Last week, the coalitions in the national unity government signed an MoU pledging to support Anwar’s administration in all matters of confidence and supply, effectively guaranteeing its stability.
The coalitions were Pakatan Harapan (PH), Barisan Nasional (BN), Gabungan Parti Sarawak (GPS) and Gabungan Rakyat Sabah (GRS), while Parti Warisan also signed on as an individual party.
“At the very least, I want to get an explanation for this. At the very least, three sections under the Federal Constitution,” he said, listing Article 10, Article 63 (2) as well as Section 24 and Section 24 of the contract laws.
Article 10 stipulates provisions relating to freedom of speech, while Article 63 touches on the limitations of court interventions in matters relating to parliamentary proceedings.
Article 63 (2) mentions that no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either House of Parliament or any committee thereof.
“There is not one legal provision under Article 49A which states that MPs from the government’s side, who are not with the government, will be stripped of their posts as MPs.
“Section 24 and 25 state that in any agreement, this MoU, which is based on forbidden by-laws, becomes a contract that is invalid,” he added.
Takiyuddin said that the Malaysian Bar had similarly highlighted several concerns about Clause 4 of the MoU.
The Malaysian Bar had in a statement this morning, expressed concern, highlighting Clause 4 in the unity government’s MoU, which it said poses a legal problem, as it seems to go against the intention of the anti-party hopping provision in the Federal Constitution.
Its president Karen Cheah highlighted the Bar’s “great concern” over Clause 4 of the MoU or memorandum of agreement (MoA), which could result in MPs losing their seats if they choose not to vote in favour of parliamentary motions that may affect the unity government’s legitimacy.
Among other things, Clause 4 requires all political parties who had signed it to vote to support the prime minister in votes of confidence and other matters that would affect the unity government’s legitimacy, and to also ensure their MPs vote in favour of such matters.
The same clause also states that failure, refusal or negligence by such political parties’ MPs to vote in support of the unity government would be considered as the MP’s breach of individual responsibility to the party, and would be deemed as such an MP having resigned or ceasing to be an MP within the framework of Article 49A(1) of the Federal Constitution. This will then trigger a by-election.
But the Malaysian Bar said this clause in the unity government’s MoU goes beyond what the anti-hopping law in Article 49A was intended to cover.
Under Article 49A(1) of the Federal Constitution, an MP will no longer be an MP and his seat will become vacant, if he resigns from or ceases to be a member of the political party which he belonged to when he was voted in as MP.
In other words, this will result in a by-election.
Article 49A is a new amendment to the Federal Constitution to overcome the problem of political instability and collapse in governments when MPs jump to different parties. It received royal assent on August 31 and was gazetted as law on September 6.
