PAKATAN Harapan needs to re-evaluate the memorandum of understanding (MOU) it signed with the government to determine whether it brings more benefit or harm to the opposition coalition, politicians and observers said.

They said recent developments – such as the scrutiny into the Pulau Batu Puteh issue and the courts returning passports to individuals convicted of corruption – may send the message that PH approves of this behaviour.

This could affect PH when the country goes to the polls next year as voters may not be happy with how things are going at the moment.

However, others said the MOU is only limited to specific issues and PH can still play its part as a mechanism of checks and balances by questioning the government on its actions.

Penang Deputy Chief Minister II P. Ramasamy said the MOU was signed by parties on unequal footing, to the detriment of PH.

While the MOU was signed to bring about political stability and steer the country towards economic recovery, it seems to the government’s advantage, he said.

“I believe PH should seriously look into whether the MoU is actually in its favour,” Ramasamy told The Malaysian Insight.

“Now that the Malacca elections are coming, it is an all-out battle, but I think PH has lost its sting, as a result of the MOU.”

He said PH had already lost some of its footing when it aligned with Dr Mahathir Mohamad in the 2018 elections which saw him resign which led to the collapse of the PH government.

Now, with the MOU, it will be harder for PH to redeem its image as an effective opposition.

“They have to seriously consider whether there is any merit in prolonging the MoU.

“I have my doubts whether PH can pose a formidable challenge to the current government in the next elections with this,” he said.

The Pulau Batu Puteh issue received renewed interest after the government recently announced the formation of a special task force to propose suitable options in its fight to regain sovereignty of the island, known as Pedra Branca in Singapore.

In 2008, the International Court of Justice (ICJ) gave the sovereignty of Pulau Batu Puteh to Singapore.

However, the call to renew Malaysia’s claim came after allegations the PH government had decided to withdraw its application for review of the decision.

Then prime minister Dr Mahathir Mohamad defended his government’s decision to drop the application on the grounds that Malaysia would be branded a pariah state if it did not uphold the judgment.

Meanwhile, Umno president Ahmad Zahid Hamidi, former prime minister Najib Razak, his wife Rosmah Mansor and lawyer Mohd Shafee Abdullah – all currently facing corruption charges – managed to get their passports returned to them to travel overseas.

This has caused an outcry on social media with users demanding to know how this has come about, particularly in Najib’s case given that he has already been convicted and sentenced.

Both these incidents have brought into question whether it the MOU was a worthwhile move for PH.

The MOU on transformation and political stability was signed by Prime Minister Ismail Sabri Yaakob and PKR president Anwar Ibrahim, Amanah chairman Mohamad Sabu, DAP secretary-general Lim Guan Eng and Upko president Wilfred Madius Tangau on September 13.

The MOU has six thrusts: strengthening the country’s Covid-19 plan, institutional transformation, parliamentary reforms, judiciary independence, the Malaysia Agreement 1963, and the formation of the steering committee.

Under the agreed deal, the government has promised to deliver three major reforms by the middle of next year, before the next session of Parliament.

They are the anti-party hopping law, the implementation of Undi18 and automatic voter registration, and the imposition of a 10-year term limit on the prime minister’s tenure.

Various parliamentary reforms are also in the agreement, like the parliamentary services bills, which seek to restore Parliament’s autonomy in its finances and administration.

Other parliamentary reforms include ensuring a balanced representation of government and opposition lawmakers in select committees, and ensuring an equal number of select committees are chaired by government and opposition MPs respectively.

Lack of commitment to good governance

International Islamic University of Malaysia’s Tunku Mohar Tunku Mohd Mokhtar said recent developments warrant a rethinking of the pact signed by PH.

“The ‘witch-hunt’ on Pedra Branca and alleged ‘special treatment’ for Najib do not show that the government is committed towards good governance,” he said.

Tunku Mohar said PH should demand an explanation from the government on both issues to understand its reasoning.

“If the scrutiny for Pedra Branca can be carried out according to the rule of law, this would probably be acceptable to PH, where even its own leaders may not be aware of the decision-making that was involved in the withdrawal of the review of ICJ’s 2008 decision.

“However, the government owes an explanation to PH on why the Attorney-General’s Chambers did not object to Najib’s application to have his passport returned to visit his daughter.”

If the explanation is unsatisfactory, he said, then it was time to cut their losses and call it quits over the MOU.

“Failing to do so will create a perception that PH has been bought over by Ismail.”

MOU gives opposition upper hand

However, Petaling Jaya MP Maria Chin Abdullah disagreed that PH had been put at a disadvantage by the MOU.

“Signing the MOU puts the opposition in an advantageous position, so that we can demand checks and balances for Barisan Nasional,” she said.

Maria said in the age of social media, voters are not gullible and can make informed decisions, doubting whether the people will punish PH for seeming to capitulate to the government.

“PH’s stand has been very clear from the start, which is to fight corruption and corrupt leaders.

“There are some matters on which we can agree with the government, but for other matters like corrupt leaders being allowed to fly, is where we will put our foot down. We will not compromise on this.

“We will use the proper channels to urge the government to be firm on this matter and not allow situations to slide, as they did during the BN era,” she said.

Electoral watchdog Bersih 2.0 chairman Thomas Fann agreed that the Pulau Batu Puteh and passport issues should not affect the MOU as they are separate matters.

“(These) are not part of the terms of the MOU,” Fann said.

Although PH has signed the MOU, he said, that does not automatically silence the coalition as the dissenting voice.

“It is right and necessary that PH as the opposition should voice concerns and objections to all other matters outside the terms of the MOU.

“This just goes to show that the scope of the MOU is limited but the reforms promised are important for the parties and the country.” – October 29, 2021.