KUALA LUMPUR: Following Tun Dr Mahathir Mohamad’s resignation as Prime Minister yesterday, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah (pix) will need to determine the leader with majority support in the Dewan Rakyat to fill the top post, said a political analyst.
Universiti Islam Antarabangsa Malaysia law lecturer Prof Dr Nik Ahmad Kamal Nik Mahmod said as Dr Mahathir had resigned without advising the Yang di-Pertuan Agong to dissolve Parliament, His Majesty would have to choose a leader who commands majority parliamentary support.
“If there is none (leader commanding majority support) then His Majesty may dissolve Parliament.
“A change of government is possible this way without having to hold a fresh general election. As long as His Majesty is satisfied that there is a party with a simple majority, the party leader will be appointed prime minister,“ he told Bernama.
Dr Mahathir yesterday resigned as the seventh Prime Minister. The Prime Minister’s Office said in a statement that the letter was sent to the Yang di-Pertuan Agong at 1pm.
Meanwhile, the Yang di-Pertuan Agong has appointed Dr Mahathir as interim prime minister, after accepting his resignation yesterday.
Chief Secretary to the Government (KSN), Datuk Seri Mohd Zuki Ali, said: “(His Majesty) has agreed to appoint Dr Mahathir as interim Prime Minister while waiting for the appointment of a new Prime Minister in accordance with Article 43(2)(a) of the Federal Constitution.”
In a three-paragraph statement, Mohd Zuki said during this period, Dr Mahathir would take over the country’s administration until a new prime minister is appointed and a new Cabinet is formed.
Elaborating, Nik Ahmad Kamal said the Federal Constitution clearly provides that if a prime minister loses majority support in the Dewan Rakyat, he may request the Yang di-Pertuan Agong for a dissolution of Parliament.
“However, the current situation is not like that. The prime minister did not lose his majority. There was no issue that he lost support of the Dewan Rakyat. What happened was an attempt to change the composition in the government, which is said to have the support of the majority in Parliament.
“In the constitution there is no provision for this process. Therefore, it can be interpreted broadly so long as it complies with the existing provisions.
“According to what has been read from various media sources, there seems to be a move to create a new government that is different from what the people had voted for in the 14th general election. But whether this will really happen can only be determined by His Majesty based on majority support,” he said.
Nik Ahmad Kamal at the same time said in a situation where the prime minister is no longer favoured by his party, he may turn to another party that supports him.
“There is no constitutional provision to prevent such transition. What happened in Perak was a good example. Three state assembly members expressed support for the opposition, withdrawing their support for the government. This led to the change in government and appointment of a new Menteri Besar.
“Moreover, the procedures are not mentioned in the constitution. What is important is that His Majesty appoints someone who has majority members’ (ADR) support in the Dewan Rakyat, following which an oath ceremony takes place and the prime minister will advise the Agong to appoint new Cabinet members.
“To determine whether the ADR support the person to be appointed as prime minister, their signatures would usually be considered as proof. In the current situation, statutory declarations were used but if His Majesty is not convinced by such declarations, he may call on the ADR to state their stance. This procedure is not stated in the constitution,” he explained.
Today, Parti Pribumi Bersatu Malaysia (Bersatu) president Tan Sri Muhyiddin Yassin announced that the party was quitting the Pakatan Harapan (PH) coalition. The decision was made at the Bersatu Supreme Council meeting held yesterday.
Meanwhile, Gombak MP Datuk Seri Mohamed Azmin Ali and 10 other PKR MPs also announced their exit from the party today. - Bernama
