SOME top Pakatan Harapan (PH) supporters like former attorney-general Tommy Thomas and former Bar president Ambiga Sreenevasan are calling for PH to be given priority to form a government because it secured the most number of seats in the 15th general election.

This is purportedly based on the Westminster model of democracy, along which our democracy is modelled.

This appears to be a desperate attempt to prevent Perikatan Nasional from forming the government with other coalitions.

And this desperation is seen when Singapore’s Straits Times reported a while ago that political enemies, PKR president Anwar Ibrahim and Umno president Ahmad Zahid Hamidi met at the 11th hour to talk as the palace deadline loomed.

Let’s see how solid is the argument that PH should be given the first go simply because it has the highest number of seats.

In any democracy, especially the Westminster model, when there is a hung parliament, the leader of the party with the most number of seats will be given the first go to form a government within a specified period. 

When the time is up and if the party fails to form the government, the next party with the highest number of seats will be given the go to form a government, and so on.

The best example of this was the one highlighted by Thomas in his recent article.

“Perhaps the closest example would be the position in February 1974 when prime minister Ted Heath lost his majority in the United Kingdom general election. From a total of 635 seats, Labour won 301, Conservative 297, Liberal 14 and others 23 seats.

“Heath, a Conservative prime minister, resigned although there were talks with the Liberal party to form a coalition. Instead, Harold Wilson, the leader of the largest party, was invited to form the government,” Thomas said.

But what these desperate people forget is the Westminster model is based on political parties, NOT political coalitions. Wilson was appointed PM because it was very clear his PARTY, won the largest number of seats.

Unlike Malaysia, the election in the UK has always been party-based. Coalitions come into the picture not during election but after the election results, which will see horse-trading among the parties.

Perhaps it is to prevent an ugly horse-trading, the UK monarch then decided to invite Wilson to form the government.

So if we use this as a reference, the party with the most number of seats in the polls is PAS, and therefore PAS should be given the first go to form a government.

Thomas then went on to say that “a strong convention has developed in many parliamentary democracies that when no party or coalition is able to reach the magic 50% plus one seat to form the majority in the elected House, the constitutional monarch (like the UK) or head of state (like the president in India) will appoint the leader of the party or coalition that has the highest seats simply because that person enjoys the mandate from the voters in the just concluded general election to be given the first opportunity to form a cabinet.”

This is wishful thinking because in the case of our polls, the leader of the party or coalition with the most seats is not the same person. The leader of the party with the highest number seats is Abdul Hadi Awang, not Anwar.

But Anwar is the leader of the coalition PH, which won the most seats. So when do we use a party or coalition as a criterion for giving the first go? Thomas conveniently ignored this. Why? 

Simply because he is a hardcore supporter of PH and an avowed enemy of PAS.

It is also wishful thinking because any party or coalition that failed to get the simple majority is not considered to have enjoyed the mandate of the people, even if the party or coalition concerned secured the most seats.

Moreover, the Westminster model is based on convention, whereas ours is a written one where the Federal Constitution specifies it is the absolute prerogative of the king to decide on who is the prime minister.

This Westminster practice has already been violated in Malaysia in 2018 when Umno, which won the most seats, was not given the first go to form the government. 

PKR was given priority instead, leading to the formation of a PH government, albeit with a wafer-thin majority.

In Malaysia, it is best we follow our own model of democracy, where it is the Yang di-Pertuan Agong who will have a final say not only in who should be the PM, but also the process at arriving at this decision.

Questioning this is tantamount to subverting the king’s prerogative.

Let’s wait for the deadline today given by Istana Negara for all leaders to submit their PM candidates and statutory declarations, as well as the subsequent outcome. – November 22, 2022.

* Jamari Mohtar is the editor of Let’s Talk!, an e-newsletter on current affairs.

* 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.