Constitutional expert: No confidence motion unlikely

Lim Guan Eng denied that two PH parties were seeking to table a motion of no confidence against Mahathir, though his own father, Lim Kit Siang, is said to be involved in a conspiracy with Muhyiddin Yassin to oust the Prime Minister. Source (pic): The Edge Markets

Despite talk of a no-confidence vote being planned against Tun Dr Mahathir Mohamad from inside Pakatan Harapan, it will be very tough to get enough MPs to pull off such a move, says a constitutional law expert and several political analysts. 

Apart from the ruling Pakatan, which has 125 seats, other coalitions include Barisan Nasional (40), Gabungan Parti Sarawak (19) and Gabungan Bersatu Sabah (three). 

Sabah has two Pakatan-friendly parties, namely Parti Warisan Sabah, which has nine MPs, and Upko, which has one. 


PETALING JAYA:Despite talk of a no-confidence vote being planned against Tun Dr Mahathir Mohamad from inside Pakatan Harapan, it will be very tough to get enough MPs to pull off such a move, says a constitutional law expert and several political analysts.

Unlike Parliamentary Bills, which can be passed with only a simple majority of the MPs present in the Dewan Rakyat at the time of voting, a motion of no confidence against the Prime Minister will require an absolute majority, that is, support from at least 112 MPs in the 222-seat Dewan Rakyat.

In addition, with the MPs organised into many coalitions and blocs, anyone who wants to push through a no-confidence vote will have to cut a lot of deals and make many promises in order to get the numbers needed.


Constitutional expert Assoc Prof Dr Shamrahayu A. Aziz said there is no specific provision covering a motion of no confidence against the Prime Minister but the Federal Constitution allows for the situation to arise in Parliament.

She said Article 43(4) of the Constitution states that unless the House is dissolved, the Prime Minister as well as his Cabinet have to resign if the Prime Minister no longer commands the confidence of the majority within the Dewan Rakyat.

“The Constitution is silent on the definition of what constitutes a majority in Dewan.

“But as a matter of practice and from a previous court decision, the majority means an absolute majority – that is, the majority of all members of the Dewan Rakyat (a minimum of 112),” she said.

Universiti Malaya political analyst Dr Muhammad Asri Mohd Ali said it will be tough for anyone to get the minimum 112 votes.

“It’s not easy because we have various coalitions and parties and the MPs are from various regions, namely the Peninsula, Sabah and Sarawak.

“Everyone you approach for support will make demands and seek guarantees in exchange for support,” said Muhammad Asri.

Apart from the ruling Pakatan, which has 125 seats, other coalitions include Barisan Nasional (40), Gabungan Parti Sarawak (19) and Gabungan Bersatu Sabah (three).

Sabah has two Pakatan-friendly parties, namely Parti Warisan Sabah, which has nine MPs, and Upko, which has one.

There are seven independent MPs in the Dewan Rakyat.

Source:

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