Written by FMT, Mkini
Fixed-term bill will flout freedom of choice, says Abang Jo
The Sarawak premier says the government cannot be formed by coercion, but adds that he will let legal experts study the proposal.
Sarawak premier Abang Johari Openg said the Federal Constitution provides for freedom of choice among the people and MPs.
PETALING JAYA: A proposed bill to ensure the federal government remains for a full term will go against the principle of freedom of choice, says Sarawak premier Abang Johari Openg.
Abang Johari, chairman of the ruling Gabungan Parti Sarawak, said any move to determine the ruling government must not be based on coercion, the Borneo Post reported.
Commenting on deputy prime minister Ahmad Zahid Hamidi’s proposal for a bill to prevent attempts at changing the government, Abang Johari said such a law “may not be compatible” in light of MPs’ freedom of choice.
“I don’t know the background of whether such a law can be implemented – I would leave that to the legal experts because our Federal Constitution provides for freedom of choice.
“That means we cannot use coercion, but we can use certain rules to keep the political situation in check as democracy is based on the people’s freedom of choice,” Abang Johari was quoted as saying.
In making the proposal yesterday, Zahid mooted a bill whereby a government formed after a general election would remain in power till the end of its five-year term.
The Umno president said such a bill was important as it would allow an elected government to administer the nation without being threatened by its political enemies.
Zahid’s proposal differs from recent calls from civil society leaders, who suggested the introduction of a Fixed-term Parliament Act similar to a now-repealed law enacted in the United Kingdom in 2011.
The 2011 law set a default fixed date for general elections, removing the prime minister’s discretion in setting the election date to prevent snap polls. It was repealed in 2022.
Calls for a fixed-term Parliament have arisen in the wake of three changes of government since the 2018 general election.
In February 2020, the so-called Sheraton Move led to the collapse of the Pakatan Harapan government, following the exit of several MPs from PKR and Bersatu, then a PH partner.
GPS had backed Bersatu president Muhyiddin Yassin as he went on to form the Perikatan Nasional-led government, and later backed Umno vice-president Ismail Sabri Yaakob who formed a new government when Muhyiddin resigned in August 2021. FMT
FTPA doesn't mean PM can't be replaced - PKR MP
A PKR MP has asserted that the widely talked about Fixed-Term Parliament Act (FTPA) will not give the prime minister absolute and full power.
Speaking to Malaysiakini, Sungai Petani MP Mohammed Taufiq Johari explained that the FTPA will only limit that the administration must be governed by the winning coalition after a general election.
“The prime minister can still be replaced, but only (by a candidate) within the ruling parties,” he said.
This comes after PKR’s Pasir Gudang parliamentarian Hassan Abdul Karim objected to a proposal by Deputy Prime Minister Ahmad Zahid Hamidi to introduce a special bill that will ensure a government remains in power for its full five-year term.
Hassan was quoted by FMT as expressing his concerns that the act would “create a dictatorial government” and that Zahid’s suggestion was inappropriate in Malaysia – a country that practises a democratic system where the party or coalition with the majority support becomes the government.
Zahid’s proposal came after an alleged move by the opposition to topple the present administration.
Perikatan Nasional chairperson Muhyiddin Yassin denied any attempts to overthrow the government but pointed out that the Federal Constitution would allow for it.
Taufiq was among several government backbenchers who have thrown their support behind the idea of an FTPA.
“It’s a good suggestion, I support it (Zahid’s proposal) to ensure political stability in the country.
“When a government is elected, it is then given the space and opportunity to govern until the end of the term.
“Secondly, Malaysians won’t need to guess when the next general election is or when the Parliament will be dissolved,” Taufiq told Malaysiakini.
He said, for instance, if a general election was held on Jan 1, 2020, the administration would govern for five years with the next election held on Jan 1, 2025.
Multitude benefits
Meanwhile, Ipoh Timor MP Howard Lee pointed out three benefits for Malaysia should the country embrace a fixed-term Parliament, akin to other international precedents.
“Politically, it would end the cycle of unpredictable leadership changes, ensuring a steady hand at the helm of governance.
“Economically, this stability is a cornerstone for investor confidence, which is essential for reversing the decline in foreign direct investment and kickstarting economic growth.
“Socially, a fixed-term Parliament could provide the much-needed respite from political upheavals, allowing for a focus on inclusive and comprehensive socio-economic development,” Lee said while quoting political systems in other countries in the likes of Australia, Norway and America that practice semi-fixed and fixed term, respectively.
Hulu Langat MP Mohd Sany Hamzan and Kepong MP Lim Lip Eng - who joined the chorus in support of Zahid’s recommendation - also shared similar sentiments when contacted by Malaysiakini.
Elaborating on the matter, Lee opined that preserving the current government led by Prime Minister Anwar Ibrahim with its supermajority is not merely a political decision but a strategic imperative.
“It is the bedrock upon which Malaysia can rebuild its image as a stable, prosperous nation,” the DAP MP added.
Deeper discussions
As for Miri parliamentarian Chiew Choon Man, while he welcomes all suggestions aimed at instilling stability in the current government, he said Zahid’s proposal should be discussed among constitutional and legal experts.
The PKR MP also called on schools and civil society to hold more discussions so that the people have a better understanding of the matter.
“The closest legislation from foreign jurisdiction that can be referred to is in the UK Fixed-term Parliaments Act 2011.
“Of course, a series of debates were sparked back then from passing this legislation until it was subsequently repealed,” he added.
Earlier, institutional reforms advocacy group Project Stability and Accountability for Malaysia (Projek Sama) opined that an FTPA can prevent attempts to overthrow a sitting government through statutory declarations (SDs) forcing conspirators to move through Parliament.
Projek Sama also highlighted that the Yang di-Pertuan Agong can reject any request by the prime minister for early dissolution unless the premier loses power.
Meanwhile, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said the Legal Affairs Division will be carrying out in-depth studies to get public views on such legislation.
She added that an engagement session with stakeholders will also be held soon, with the findings to be then reviewed by the cabinet for policy-making considerations. - Mkini
Written by FMT, Mkini
Politics Now!
Comments