FEBRUARY 27 — Tun Dr Mahathir Mohamad’s televised special message to the country confirmed the following:
· Tun had submitted his resignation as the prime minister to the Yang di-Pertuan Agong (the King);
· Tun was subsequently summoned by the King for an audience and after a discussion lasting more than one hour, His Majesty agreed to accept Tun’s resignation letter and then asked Tun to become the interim prime minister.
Simply put, Tun had resigned as prime minister and re-appointed as interim prime minister.
There are now differing views by legal experts on the appointment of an interim prime minister.
This arises because nowhere in the Federal Constitution is the term used. Neither is the term caretaker prime minister.
Significantly in the current context, there is no provision for an interim prime minister while Parliament is still in place.
One view holds that the King can appoint a PM, whether permanent or caretaker or interim for that matter. So what the King has done in appointing an interim prime minister, there is nothing illegal about it.
With all due respect, this view has overlooked the provision of Article 43(6) of the Federal Constitution. It states:
“Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.”
Minister includes the prime minister by virtue of section 3 of the Interpretation Acts 1948 and 1967 (Act 388).
Call him or her by whatever name, whether interim, caretaker or acting, he or she must be sworn in as prime minister in the presence of the King before exercising the functions of the office.
When Tun resigned, his previous oath and allegiance and oath of secrecy sank with him, just like his cabinet. When Tun was re-appointed as prime minister – interim or otherwise – he should take the oath as required under Article 43(6).
Did Tun take the oath?
If no, then accordingly and respectfully, Tun is not a prime minister within the meaning of Standing Order 11(6) of the Dewan Rakyat which states as follow:
“If, during an adjournment of the House, it is represented to Tuan Yang di-Pertua by the Prime Minister that the public interest requires that the House should meet at an earlier date than that to which the House was adjourned, Tuan Yang di-Pertua shall give notice thereof forthwith and the House shall meet at the time stated in such notice. The business set down for that day shall be appointed by the Prime Minister and notice thereof shall be circulated not later than the time of meeting.”
Thus Tun’s call for a special Dewan Rakyat meeting, purportedly under SO 11(6) stands to be challenged.
Which is why the term ‘interim prime minister’ must be dropped and Tun must be sworn in as prime minister. (Read more here)
** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
