“Ismail Sabri may be required to abide by all party decisions as an UMNO member, but as prime minister, these decisions need not necessarily be considered by him or the Federal Cabinet”
Raggie Jessy Rithaudeen
ڤي عيم سهكن كڤوتوسن جومڤا اڬوڠ اصولكن ڤمبوبرن ڤرليمين اداله كڤوتوسن كابينيت، بوكن امنو
Prime Minister Datuk Seri Ismail Sabri Yaakob has more or less confirmed, for the umpteenth time, that the decision to meet the Yang Di-Pertuan Agong to propose the dissolution of parliament will ultimately be made by the Federal Cabinet of Malaysia, not UMNO.
This is reflected in a statement the prime minister made on Sunday, whereby he told an audience at the Bera Umno Complex, that under the Constitution, he must get the Cabinet’s approval before he goes to the Yang di-Pertuan Agong to get His Majesty’s consent for Parliament to be dissolved.
Prior to that, Ismail Sabri confirmed that UMNO’s top five would discuss the date for the 15th general election before he discusses it with the MCA and the MIC, as well as other component parties in Barisan Nasional (BN).
“Then it has to be tabled to the Cabinet because under the Constitution, I must get the Cabinet’s approval before I go to Yang di-Pertuan Agong,” he added.
This is in line with what I have been telling you all along.
Not many realise, that Ismail Sabri is carrying out two distinct roles that are mutually exclusive – one, as prime minister, and the other, as UMNO vice president.
The role of prime minister most certainly takes precedence, as not only is it defined by the Federal Constitution of Malaysia, it is made possible by the consent of the Yang Di-Pertuan Agong, the Head of State in Malaysia.
The Federal Constitution of Malaysia provides that the appointment of the Prime Minister by the Yang Di-Pertuan Agong is by virtue of the former’s membership in the Dewan Rakyat, not a political party.
More than that, the Federal Constitution of Malaysia is party blind insofar as the administration of the country and the prerogatives of the prime minister go.
It follows, Ismail Sabri is responsible only to the Yang Di-Pertuan Agong and the Federal Cabinet of Malaysia, which is tasked with assisting him administering the country.
He is in no way compelled or obligated by the country’s highest law or by any other convention or precedent to abide by party decisions in exercising his functions as prime minister.
This includes the prerogative power of the prime minister to decide if and when to seek audience with the Yang Di-Pertuan Agong on the dissolution of parliament prior to the expiry of the 14-th Malaysian parliament.
As prime minister, Ismail Sabri also has the right to decide if he wishes to consult with the Federal Cabinet before deciding whether or not to meet the Yang Di-Pertuan Agong.
In short, Ismail Sabri may be required to abide by all party decisions as an UMNO member, but as prime minister, these decisions need not necessarily be considered by him or the Federal Cabinet of Malaysia.
