From Focus Malaysia
THE Speaker of the House of Representatives (Dewan Rakyat) has accepted a motion by Tun Dr Mahathir Mohamad, MP for Langkawi, that the present prime minister (PM), Tan Sri Muhyiddin Yassin, does not command the confidence of the majority of the Dewan.
The speaker said he made this decision to be fair and just and to uphold the integrity of the Dewan and Parliament. He is perfectly within his rights to so decide.
The motion must be put (tabled) at the sitting of the Dewan. There will be a debate on the motion, at the end of which there will be a vote by MPs present in the Dewan.
If the motion is carried, by a simple majority of those present and voting, then the PM must tender his resignation together with that of his Cabinet.
The PM may also, instead of tendering his resignation, request the King to dissolve Parliament. The King is not obliged to agree to the request. Recall that the then sitting MB of Perak made this request to the then Sultan Azlan Shah of Perak in the Perak State Assembly crisis. The request was not acceded to. Read more
Source: The Star Online
BY SHAD SALEEM FARUQI
Shad Saleem Faruqi – file pic
Despite the Westminster systems’ role in enforcing responsibility, there is also uncertainty surrounding it.
THE nation is abuzz with news that the Opposition in Parliament is readying itself to introduce a motion of no confidence against the Prime Minister.
The principle that the Prime Minister must maintain the confidence of the lower House is a central feature of the British style of parliamentary democracy that we inherited in 1957.
Article 43(4): Our Constitution does not explicitly refer to a motion of no confidence. However, it embraces the principle of answerability and accountability of the political executive to the legislature through Article 43(4), which provides that, “If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.”
How “confidence” can be lost and what amounts to “majority” are nowhere explicated. Read more