IN the event of a Pakatan Harapan victory in the 14th general election, the Barisan Nasional coalition must be willing to hand the government over for a smooth and peaceful transition, said legal experts.

There could be risk of political disorder should BN lose control of the federal government – which would be unprecedented in Malaysia’s political history – unless the caretaker ruling government graciously hands over power, said Lim Wei Jiet, deputy co-chairman of the Malaysian Bar’s constitutional law committee.

“First, they should gracefully admit defeat,” Lim told Malaysia Decides.

“They must immediately surrender and vacate all government accessories and facilities such as residences, cars, jets, and so forth.”

Even after the new prime minister is sworn in, there remains the matter of the appointment of an entirely new cabinet.

“For a smooth handover to the new prime minister, ministry officials must brief him or her on major policies that require continuity – defence, national security matters, and any other important information required to take over the administration,” said Lim.

A coalition of political parties would need to have control of at least 112 parliamentary seats to win Putrajaya.

After the election results are announced tonight, the king will then extend an invitation to meet the leader of the winning coalition of parties – either Najib Razak or Dr Mahathir Mohamad.

“The person who thinks he commands the majority of parliamentarians in the Dewan Rakyat will have to seek an audience with the Yang di-Pertuan Agong, who shall then exercise his judgment on whether such a majority is commanded,” said Lim.

“If so, the king appoints that person as the prime minister. The prime minister then appoints a cabinet of ministers to form the executive.”

Under Article 43(2)(a) of the federal constitution, the king shall appoint as prime minister a “member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that house”.

The king would also then decide when to convene the first term of the 14th Parliament, during which its lawmakers are sworn in en masse, led by the prime minister.

Then Parliament will be convened and vote to elect a speaker from any of the MPs.

However, several lawyers who spoke to Malaysia Decides said they believed it would be unlikely that the transition of power would be smooth, if PH did manage to defeat BN.

They warned that political trouble may also brew should a new government under PH be formed without a convincing majority of seats.

“The legal processes can easily be disrupted or delayed,” said one lawyer.

“(A smooth transition) is unlikely,” said another.

Currently, government administrative affairs are carried out by a caretaker government until a new cabinet is formed after the general election or the new Parliament is called. – May 9, 2018.