A CONFIDENCE and supply agreement (CSA) to allow the Perikatan Nasional government free rein to approve Budget 2021 undermines the federal constitution, said legal expert Dr Gurdial Singh Nijar.

The National Human Rights Society (Hakam) president added that politicians should not turn Parliament into a subsidiary government by trying to craft a CSA.

A CSA is an arrangement in a hung Parliament in which an opposition party agrees not to vote against a minority government in votes of confidence or budgetary matters, but reserves the right to oppose other legislation.

“The government has lost confidence (of the Dewan Rakyat), which means it has no constitutional, moral or legal basis to continue to govern.

“And, if you begin to bolster that kind of government, what you’re really doing is undermining the constitution itself,” Gurdial said during a webinar hosted by Gabungan Bertindak Malaysia titled “Political Stability in a Time of Covid”.

The former lecturer turned lawyer said the country must resolve its problems with solutions based the correct reading of the constitution.

“The constitution is organic. It takes into account social conditions. It takes into account what is going on in the country in a very creative way,” he said.

“That is the context within which we are operating, and we should solve all our problems based on the constitution,” he added.

On October 25, the Yang di-Pertuan Agong had rejected Prime Minister Muhyiddin Yassin’s proposal that a state of emergency be imposed on the country.

Critics had said Muhyiddin had sought the emergency to save himself from motions of no confidence in Parliament, which started its last session of the year on Monday.

It was also speculated that the opposition would reject Budget 2021 as a way of showing its lack of confidence in the government.

Since then, civil society groups and opposition figures have suggested a CSA, which would help Muhyiddin get the budget passed in Parliament. 

However, Muhyiddin is facing opposition from his own MPs who reject the idea.

Gurdial said the constitution provides for solutions to political instability, such as a no-confidence vote or a hung Parliament.

He added the king can even ask any MP who holds majority support to form a new government and, as such, there is no need for a CSA.

“These solutions are embedded in a democratic process. Any other alternative will only undermine this process.”

He said any solutions being mulled, such as the CSA, must be tested against the tenets of the constitution.

“This is elementary in the political structure of our country.

“What we have to recognise is that we must push for the recognition of the pristine values embedded in the constitution,” he said.

Meanwhile, academic and columnist Tajuddin Rasdi said the government’s push for a state of emergency only reaffirms the belief that an election should be held to restore political stability.

He said the CSA will only serve as a delay tactic for the government to usurp power from the people after its failed “emergency coup”.

“We have a fundamental right to elect our leaders. Even if Muafakat Nasional wins, then so be it. We have to move on (and) at least, we know the legitimacy is there,” he said. – November 4, 2020.