DEWAN Rakyat Speaker Mohamad Ariff Md Yusof was right to dismiss Mohd Shafie Apdal’s motion for a vote of confidence in Dr Mahathir Mohamad, legal experts said today.

Lawyer Haniff Khatri Abdulla said Ariff’s decision was correct as the federal constitution allowed parliament to take a vote of confidence in the prime minister but not a vote of support for an MP.

Haniff told The Malaysian Insight that if there is doubt that Muhyiddin Yassin has majority support in parliament, a vote of confidence in the prime minister should held.

“Before a vote of no confidence on the prime minister is passed, there cannot be a vote of confidence in any other member of parliament,” he said.

Haniff said the speaker could have allowed Langkawi MP Dr Mahathir’s motion for a confidence vote in the prime minister.

That motion is allowed under Article 43 (4) of the federal constitution, he said.

“If the motion by the Langkawi MP is allowed, then the motion proposed by Shafie becomes relevant… to determine if the Langkawi MP has the majority of support among MPs to be reappointed prime minister.”

Yesterday, Arif rejected Shafie’s motion for a confidence vote in the former PM, on the grounds it contravened Article 43 of the federal constitution as it questioned the power of the Yang di-Pertuan Agong to appoint the prime minister.

He has not yet announced his decision on the notice submitted by Dr Mahathir for a confidence vote in Muhyiddin.

Another lawyer, Yusmadi Yusoff, said the speaker’s decision, although correct, could be challenged in court.

Yusmadi, who is a senator, said the rejection should be challenged in court to determine its constitutionality.

“The Federal Court is the best forum to interpret the constitution. A full quorum of judges should be given the opportunity to decide this matter to defend parliament’s sovereignty.

“It is also in line with the principle of responsible democracy,” he added.

Yusmadi said although there is court precedent to show the speaker’s decision is final, there have been cases when the ruling was re-evaluated.

In April 2009, the Federal Court reversed the decision of the Perak state assembly speaker to suspend menteri besar Zambry Abdul Kadir and six exco members from the assembly.

The landmark decision was cited by Puchong MP Puchong Gobind Singh Deo in October 2009 to challenge his suspension from parliament by speaker Pandikar Amin Mulia.

Yusmadi suggested that Article 43 (4) of the federal constitution be amended to clarify the procedure for determining parliamentary support for the prime minister. 

He referred to the Sarawak political crisis of 1966 over support for the chief minister, which the court decided should be determined by the state legislature.

Meanwhile, Haniff said unless it is resolved, the question of parliamentary support would continue to dog the prime minister, who was appointed to the office following a February political crisis sparked by the ousting of Pakatan Harapan by Perikatan Nasional. 

“Sooner or later, a vote of no confidence will again be proposed,” he said.

He said it is not only the politicians but also the voters who question of the legitimacy of the government.

Parliament is set to convene for one day on May 18. The session is limited to the opening address of the Yang di-Pertuan Agong and government business.

The sitting is the first since Muhyiddin became prime minister. – May 8, 2020.