THE attorney-general has no legal standing to tell the Parliament not to hold a confidence motion to test Prime Minister Ismail Sabri Yaakob’s majority, a constitutional expert said today.

Maha Balakrishnan said the AG is adviser to the cabinet and the Yang di-Pertuan Agong but not to Parliament.

“There is no legal force to the AG’s statement (that Ismail need not face a confidence vote). Under article 145 of the Federal Constitution, the AG is (only) the legal adviser to cabinet and Agong.

“The constitution does not say he needs to advise Parliament nor does Parliament need to follow his advice,” she said on an online forum organised by electoral watchdog Bersih 2.0.

Whether the Agong thinks that a vote of confidence is necessary is irrelevant, she said.

“There is no rule for absolute power in a democracy. In Malaysia, all institutions have to exercise their power based on the constitution,” she added.

On the weekend, Attorney-General Idrus Harun said Ismail needn’t face a confidence vote in the Dewan Rakyat as the Agong was already satisfied that he had majority support in the House.

Following the AG’s statement, Minister for Law and Parliament in the Prime Minister’s Department Wan Junaidi Tuanku Jaafar said the king had informed Ismail that a motion of confidence was unnecessary to prove the legitimacy of his office.

Maha said that while Ismail might have proved to the king that he has the support of 114 MPs, he needs to show he has their confidence during his time in office.

“He must retain the confidence (during) his time in office. The Dewan Rakyat can test his majority anytime throughout his time in office.”

Ismail was installed as the ninth prime minister on August 20 after Muhyiddin Yassin lost majority support.

Ismail is the third prime minister to be appointed since the 2018 general election.

On the rejection of motions to remove Dewan Rakyat Speaker Azhar Azizan Harun by his deputy Mohd Rashid Hasnon, Maha said she expects fights over the decision on the first few days of the House sitting next week.

“If there is a group of MPs who want the speaker removed, the first few days, there will be a fight and it will be from MPs who have had their hands tied.

“But if there is a clear majority who wants to remove him, in practical terms, it will be very difficult for the government to resist that. If divisions are called on every single vote, it will be disruptive for the government,” she said.

Reports said about 15 motions to remove Azhar have been filed. Those who have brought a motion for Azhar’s removal include Lembah Pantai MP Fahmi Fadzil and Pulai MP Salahuddin Ayub.

Rashid has rejected both motions on technical grounds. – September 8, 2021.