How Anwar’s move could play out


ANWAR Ibrahim, the opposition leader and member of parliament for Port Dickson, announced in a press conference on September 23 that he has “received convincing support from MPs for him to present to the Yang di-Pertuan Agong.”

Some news articles report Anwar as claiming to have close to two-thirds majority. This, if true, would be more than sufficient for the formation of a new government with him as the prime minister.

Ahmad Zahid Hamidi, Umno president and member of Parliament for Bagan Datuk, claims to have been told that a big chunk of Umno and Barisan Nasional MPs have voiced their support for Anwar.

The palace has confirmed that Anwar and his wife, Wan Azizah Wan Ismail, were scheduled to have an audience before the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah on September 22.

The scheduled audience had to be postponed because the king is undergoing treatment at the National Heart Institute.

Once Anwar gets his audience with the Agong, step one is to convince him that Muhyiddin Yassin no longer commands the confidence of the majority of the members of the Dewan Rakyat.

He can do so by demonstrating that it is in fact he who commands the confidence of the majority. For example, it should suffice if Anwar can adduce at least 112 statutory declarations affirmed by members of the Dewan Rakyat.

If, or once, Muhyiddin ceases to command the confidence of the majority, the following are some possible scenarios:

Scenario A: Muhyiddin requests that Parliament be dissolved and the Agong grants the request.

Pursuant to Article 43(4) of the Federal Constitution, the prime minister has the option of requesting that the Agong dissolve Parliament.

If the king grants the request, then a general election will then be held within sixty days from the date of the dissolution of Parliament, as in Article 55(4) of the Federal Constitution.

Scenario B: Muhyiddin requests that Parliament be dissolved and the Agong denies the request.

The Agong has the discretion to “(withhold) consent to a request for the dissolution of Parliament” as in Article 40(2)(b) of the Federal Constitution.

If the king decides to exercise his discretion to withhold consent to Muhyiddin’s request, then he will exercise his discretion to appoint an individual as prime minister, Article 40(2)(a) of the Federal Constitution, whom in the Agong’s judgement, is likely to command the confidence of majority of the members of the Dewan Rakyat, as per Article 43(2)(a) of the Federal Constitution.

If this person is Anwar, he will be sworn in as 9th prime minister of Malaysia.

Scenario C: Muhyiddin does not request that Parliament be dissolved.

He will have to tender the resignation of the cabinet, as in Article 43(4) of the Federal Constitution, which includes himself as the individual appointed to preside over the cabinet, Article 43(2)(a) of the Federal Constitution.

After which, the Agong will exercise his discretion to appoint an individual as prime minister, whom in the Agong’s judgement, is likely to command the confidence of a majority of the members of the Dewan Rakyat.

If this person is Anwar, he will be sworn in as the 9th prime minister of Malaysia. – September 24, 2020.

*Joshua Wu Kai-Ming reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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