IT is a common knowledge that Malaysia is embroiled in a constitutional crisis at the moment. It is unfortunate that the person responsible for this unnecessary crisis is Prime Minister Muhyiddin Yassin.

He has clearly lost command of the majority in Parliament, since a number of Umno MPs have withdrawn their support for him and the Perikatan Nasional (PN) government.

From a constitutional law perspective, Muhyiddin’s government has collapsed. Unfortunately, he has refused to resign. Hence, the present political stalemate.
 
Recently, the prime minister sought an audience with the King. After the meeting, he issued an official statement declaring, among other things, that the King has agreed to let him prove his majority in Parliament. However, the next parliamentary sitting will only take place in September.

Many quarters have urged him, and rightly so, to convene Parliament now, rather than to wait till September.
 
After all, Muhyiddin is the one who claimed to the King that he has the majority required to back him as prime minister.
 
His ardent supporters, such as Deputy Prime Minister Ismail Sabri Yaakob, have criticised those asking for an urgent parliamentary sitting for being disloyal to the King. 

Truth to be told, it is hard to accept this logic.

In fact, this is reflective of the lack of integrity and intellect in some of our leaders.

Making allegations of treason against those calling for Dewan Rakyat to sit urgently to test the confidence and legitimacy of a prime minister with a slim majority (such as Muhyiddin) is, without a doubt, uncalled for.

At best, it is an obstruction of the democratic process. At worst, it is an affront to the federal constitution.

In the clear terms of the provisions in the federal constitution, any prime minister who no longer commands the majority loses his legitimacy, and should step down immediately.

It must be noted that the federal constitution of Malaysia is the supreme law of the land. 

Therefore, the question that arises is – who is the real traitor here?
 
First thing’s first, was it not Muhyiddin who claimed to the King and to the people that he has the requisite majority in Parliament, hence rendering the issue of his resignation redundant?

This was stated in the prime minister’s statement issued on August 4, 2021, specifically the fourth paragraph of the second page.
 
In the statement, Muhyiddin even went to further to say that the King has assented to his demand to test his legitimacy as prime minister through a vote of confidence at the parliamentary sitting next month.
 
In my view, since the prime minister has confidently made the assertion that he has the necessary support (through statutory declarations from various MPs who back him), logic would dictate that he should prove this now, instead of waiting until September to do so. 
 
I must pause here to emphasise that a simple maths exercise would show that Muhyiddin does not have the numbers to command a simple majority, as several MPs have come forward to deny their support for him. 

This is especially so when the PN government has held a thin majority since they came into power.

The legitimacy of a government rests in the confidence that a prime minister holds.
 
There should be no room for uncertainty at any time as to the legal and constitutional status of the prime minister.
 
Under our constitutional framework, after a new elected, the first order is for the King to appoint a prime minister that commands the majority of Parliament.
 
All of the points above underscore the importance of the office of the prime minister, and by extension, the urgency of appointing a prime minister who has the majority.
 
By implication, once a prime minister has lost the command of majority, such a vital issue ought to be expeditiously resolved. There is no room for delay. – August 7, 2021.
 
* Mohamad Hanipa Maidin is the Member of Parliament for Sepang and the Former Deputy Minister of Law under the Prime Minister’s Department.

* 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.