ANYONE making statements threatening to topple the government can be charged with causing detriment to the concept of parliamentary democracy, a prominent lawyer said.

Veteran lawyer and constitutional expert Mohamed Haniff Khatri Abdulla said there are several provisions under the penal code that can be used to punish those threatening to topple the government.

“If there is sufficient evidence that someone who does not have the majority but is spreading information or trying to threaten the government, he could be deemed as attempting or attacking parliamentary democracy,” he said.

Last week, Prime Minister Anwar Ibrahim warned members of the opposition for threatening to topple the unity government, warning that action will be taken against them.

“Don’t sabotage (the government). We have given (you) room and if (you) try to interfere, we will act accordingly without compromise,” he said.

Haniff said among penal code provisions that can be used are sections 124(b), 124(c), 124(e), 124(k) and 124(l).

Definition of the laws:

1. Activity detrimental to parliamentary democracy

124(b) – Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to 20 years.

2. Attempt to commit activity detrimental to parliamentary democracy

124(c) – Whoever attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to 15 years.

3. Possession of documents and publication detrimental to parliamentary democracy

124(e) – Any person who, without lawful excuse, has in his possession any document or publication detrimental to parliamentary democracy or any extract therefrom, shall be punished with imprisonment for a term which may extend to 10 years.

4. Sabotage

124(k) – Whoever, by any means, directly or indirectly, commits sabotage shall be punished with imprisonment for life.

5. Attempt to commit sabotage

124(l) – Whoever attempts to commit sabotage or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to 15 years.

“That could be what Anwar was probably talking about.

“But they must then be able to prove the charge. The authorities investigating must look for materials to prove there was no such support of the majority at all… that it was just a lie, an attempt to sabotage as per section 124(l) and an attempt to create uneasiness among the public on the unity government’s majority,” Haniff said.

Haniff also noted that under section 124, a suspect can also be held under the Security Offences (Special Measures) Act (Sosma).

“These are offences that are permissible, prescribed under Sosma. It is an Act that is still there,” he said, referring to Home Minister Saifuddin Nasution Ismail’s comment on the government’s decision not to repeal the Act.

“It means you can arrest a person and put him behind bars until the trial is over,” he added.

Haniff said this news on toppling the government creates disruption in the administration of the government.

He said it also creates uneasiness and concern in the eyes of the public – whether this government is going to last the full term – with the faith of the investors and businesses impacted.

Prove numbers in parliament

Haniff said lawmakers who feel their parties have the support can file a no-confidence motion in the Dewan Rakyat.

This can be described as a legal attempt to throw out the government.

“The constitution allows MPs to table a motion for a vote of no confidence. In the process, before one tables the motion of no confidence, they must be able to discuss with some MPs, (to know) if they have the support.

“So this discussion may not necessarily be an attempt to topple the government unlawfully. It may be an attempt to remove the government lawfully,” he said.

If it is all done in a proper conduct and the spirit of the constitution, in the rule of law, that is not a crime, Haniff added.

Recently, Bersatu information chief Razali Idris said the party does not plan to table a no-confidence vote against Anwar.

Last Friday, Dewan Rakyat Speaker Johari Abdul also confirmed no MP had submitted an application to table a motion of confidence in the coming sitting after the deadline ended at 5pm on the same day.

Haniff said MPs can still try to push to have the motion of confidence and that it will be left to the speaker’s consideration.

“If they (MPs) already have confirmation of the support (more than 122 MPs), on that basis, they can put in a late motion and request. They can deem it to be an urgent motion and to be allowed to be put on the agenda by the speaker.

“So, there are all these provisions for fair and just decisions. Like what they have in the courts, they have that for the speaker of the Dewan Rakyat.

“So, similarly, if parties put in a motion in time or put in a motion as soon as they can, which are fair motions, showing they have got basis to call for a motion of no confidence, then the government and the speaker should act within the rule of law.”

Among Anwar’s first pledges upon becoming the prime minister was to prove he has the support to lead the unity government by calling for a vote of confidence in parliament.

On December 19 last year, Deputy Prime Minister Fadillah Yusof tabled a motion for a vote of confidence for Anwar when Dewan Rakyat met for the first time after the 15th general election.

Anwar, who commands a two-thirds majority of 148 seats from 222-seat in Dewan Rakyat, secured the motion through a voice vote. – May 10, 2023.