Friday 29 Mar 2024
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The political confusion that hangs over Perak today appears likely to get worse by the day, if not by the hour.

There is the issue of two assemblymen’s posts that have fallen vacant, according to State Assembly Speaker V Sivakumar, who said on Sunday that he had received resignation letters from Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohamed Osman Mohamed Jailu. The dramatic announcement came after the two representatives had remained incommunicado for several days.

However, immediately afterwards, both representatives from the ruling Pakatan Rakyat coalition denied quitting their posts, telling the press through their agents that they would seek legal advice on their next course of action.

Jelapang assemblyman Hee Yit Foong of the DAP added to the tension when she was unreachable for a while amid talk that she could cross over to the MCA.

The ball then passed to the Election Commission (EC), which announced yesterday that no by-elections were necessary because doubts have been expressed about the assemblymen’s resignation letters.

This in turn opened another debate over whether the EC’s action was constitutional. Senior executive councillor Ngeh Koo Ham went so far as to give the EC a 48-hour ultimatum to review its decision, or face action. Although the DAP leader did not specify what the response would entail, it is assumed that the state government would take the matter to court.

While all these manoeuvres make the Pakatan Rakyat (PR) state government appear to be under siege, it must be noted that the current imbroglio was ignited by the crossover of Bota assemblyman Datuk Nasarudin Hashim from Umno to PKR at the end of last month.

The gambits on both sides of the political divide can be boiled down as follows:
The PR coalition would not mind having by-elections in Behrang and Changkat Jering, where it fancies its chances at the polls.

The Barisan Nasional (BN), on its part, would be happy to persuade the representatives in question to cross the party line, since it would take just three defections to bring down the PR government.

At this writing, the PR coalition held 30 seats and the BN 27. Yesterday, reports surfaced that Jamaluddin and Mohamad Osman had quit Parti Keadilan Rakyat (PKR) to become independent representatives. PKR Secretary-General Datuk Salehuddin Hashim had, however, denied these claims.

However, although the current scenario will test the integrity of the State Assembly Speaker, the EC and the courts, if the tussle lands in the legal forum, the outcome will be most unlikely to bring stability to the state’s political situation.

Clearly, even if the two seats are put through by-elections and assuming that the PR candidates win, as their leaders expect, the struggle for control over the state administration is unlikely to abate one whit.

In this scenario, menteri besar Datuk Seri Mohamad Nizar Jamaludin can make one decisive move to end the stalemate. He can seek the Perak Sultan’s consent to dissolve the state assembly and call for snap elections.

Sultan Azlan Shah could of course deny his request, in accordance with precedents set by Commonwealth countries (see the accompanying interview with constitutional lawyer Prof Dr Abdul Aziz Bari).

Time is of essence, since the matter would no longer be in the Sultan’s hands if the BN succeeds in coaxing just three assemblymen to quit the PR coalition.

So, Mohamad Nizar must strike while the iron is hot and seek an audience with the Sultan without delay.

We believe that the Sultan would uphold the spirit of the Constitution if he allowed the people to end the uncertainty over their choice of government to be resolved once and for all through a fresh election.


Interview with Prof Dr Abdul Aziz Bari, law lecturer at International Islamic University Malaysia

Q: What if Barisan Nasional manages to get three crossovers so that it has 30 lawmakers versus Pakatan Rakyat’s 29?
A: That’s a clear majority. The next thing to do is to table a motion of no confidence in the House.

Q: Can the Menteri Besar then ask the Sultan to dissolve the House?
A: The Sultan must say no. The practice of Commonwealth is that there are three conditions when the head of state should say no to a request to dissolve the House. Firstly, when there is an alternative government ready to take over. Secondly, when there is a motion of no confidence set to be tabled. Thirdly, when it’s generally against the interest of the State. In the Malaysian context it could be during the Hajj season. When people are performing pilgrimage in Mecca, you can’t have election at that time. The head of state could say no to dissolve the House.

Q: Can the Menteri Besar ask for the House to be dissolved now when he does have a majority?
A: That notion comes from the understanding that the state government can call a snap election. It’s not entirely true. A snap election can only be held when you have managed to convince the Sultan that the House should be dissolved. It’s been less than a year (since the general election). The interesting thing is that although the Sultan cannot do it unless there is a request. His power is to say "yes" or "no". For the government, it can only submit a request. This is an excellent example of checks and balance.

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