KUCHING, Nov 26: Santubong MP Datuk Seri Dr Wan Junaidi Tuanku Jaafar opines that the so-called transition of power between Prime Minister Tun Dr Mahathir Mohamad and Datuk Seri Anwar Ibrahim is an arrangement and not based on the constitution.
He said the rule of practice in democracy for the appointment of the Prime Minister in Malaysia is not the question of “who gives to whom” the position of the prime minister.
“Tun Mahathir is the standing PM, and for so long as he commands the confidence of the majority of the members of the Dewan Rakyat, and he is able and willing to continue then it is within his right to continue under that constitutional principle.
“The agreement, if there was any, made between him and DS Anwar, I would say, is a private arrangement, but must be subject to the constitutional principle,” according to Wan Junaidi in a statement here today.
He added, the Constitutional Rule of appointing the PM is vested on the Yang di-Pertuan Agong, and the Yang di-Pertuan Agong, in making the appointment ought to consider, “….who in his judgement is likely to command the confidence of the majority of the members of the house (ie the Dewan Rakyat) under Article 43(2)(a) of the Federal Constitution.
“The position of the prime minister is not the personal possession of the sitting PM.
“He is only performing the duty entrusted upon him to preside over the Cabinet to administer the government of Malaysia,” noted Wan Junaidi, who was a former Deputy Speaker of the Dewan Rakyat.
He also pointed out that the position does not belong to Dr Mahathir, nor is for him to give anyone or anybody.
“If the sitting prime minister ceases to command the confidence of the majority of members of Dewan Rakyat then he can go back to the people, to request the Yang di-Pertuan Agong to dissolve Parliament and call for fresh election.
“Alternatively, to advise the Yang di-Pertuan Agong that he ceases to command the confidence of the majority of Dewan Rakyat and advise the Yang di-Pertuan Agong that he is going to relinquish his position as prime minister and to let the Yang di-Pertuan Agong to use his judgement to appoint another person whom the Agong believes commands the confidence of the majority of the members of Dewan Rakyat,” he added.
Wan Junaidi opined that the constitutional principle must be adhered to and be complied with in order to avoid chaos and upheaval in the country.
“It’s political in nature but the rule of law applies,” he added.
Wan Junaidi was commenting on the drawn-out issue of succession between Dr Mahathir and Anwar where it was implied that the timeframe set by the Pakatan Rakyat government was for Anwar to take over from Dr Mahathir two years after PH has taken over the reins of power in Putrajaya following its victory in the 2018 general elections. — DayakDaily
