The song “He’s Got the Whole World in His Hands” might be an apt description of Art (Azhar) Harun, the speaker of the Dewan Rakyat. His video on YouTube discussing his thoughts on how a government can be overthrown legally done five years ago is making its rounds on social media.
The video is certainly useful for the layman to understand the political manoeuvring going on currently and how it may pan out.
Art cited the case of Stephen Kalong Ningkan vs Abang Openg and Tawi Sli, where the provisions of the Sarawak Constitution state that lack of confidence may be demonstrated only by a vote in the Council Negeri, and the Perak case where the late sultan concluded that the incumbent menteri besar no longer commanded the confidence of the assembly without having gone through a vote of no confidence.
The third option which Art explained is by defeating a government bill in the Dewan Rakyat; that could be a possibility when Budget 2012 is tabled in November. If it happens, the rakyat will be the losers as a Covid-19-centric budget is badly needed.
Art has not allowed the vote of confidence against Prime Minister Muhyiddin Yassin put forward by Tun Mahathir Mahathir since May. In a recent letter to the speaker, Tengku Razaleigh Hamzah (Ku Li) had questioned Art why the no-confidence motion was not debated in the Dewan Rakyat during the previous meeting. Ku Li believed the motion should have been debated for the government to prove its legitimacy in Parliament. He also cited Article 43 of the Federal Constitution, which states that a sitting prime minister must obtain the confidence of the Dewan Rakyat as a prerequisite for him to officially helm the post.
In what seems as passing the buck, Art told Ku Li to consult with de facto law minister Takiyuddin Hassan on getting the no-confidence motion against Muhyiddin tabled and debated. Art has issued a statement and defended his stance by saying that he is following the UK and Australia conventions and that he has no power to prioritise the sequencing of the agenda in Parliament. It is for the government to accede to the request.
If Art allows the vote of confidence in the next Dewan Rakyat meeting as the first item of the day, and based on the current political struggle, there may be a possibility that Muhyddin will be voted out and the PN government will collapse.
If the confidence motion is delayed and others claim they have the numbers, it is also likely that, as in the case of Perak, the Yang di-Pertuan Agong has to decide on the issue according to Article 43(2)(a), where the Agong shall appoint an MP whom His Majesty believes command the majority support in the august house.
Anwar Ibrahim has already claimed pole position, seen the Agong, and declared he has the numbers to form a new government. There have been conflicting statements following Anwar’s audience with the Agong and some party leaders are disputing his claim.
In February, the Agong had to literally interview each MP to ascertain majority support. It was an unusual method taken and was described as a “royal coup” by a British newspaper. In the likelihood of a constitutional crisis, Idrus Harun, the current attorney-general, will certainly be involved. Idrus is Art’s elder brother.
Even since he was appointed speaker, netizens have been debating why Art is behaving in such a manner. He was seen as a reformist, and the video itself shows Art’s concern on the goings-on with the government at the time.
Art was also known as a human rights lawyer and writer. Human rights issues, religious conflicts or the 1MDB affair at that time could have prompted him to make such a video.
In September 2018, Art was appointed as the Election Commission’s chairman. Those in the legal circle say Azhar is a man of integrity, highly intelligent and committed to democracy and good governance. They also believe these qualities made him the right person to lead the EC. However, those who have praised him earlier have now vented their anger on his alleged about-turn, especially on the non-confidence motion.
Delaying a motion of confidence under the current circumstances does not augur well for Malaysian parliamentary democracy. Anwar has declared he has the numbers to form a government and has seen the Agong to convey the same. Umno is now the agitator submitting a list of new demands. The Perikatan Nasional (PN) government is now weak and hanging by its threads.
Muhyddin now has two options: Give in to Umno’s demands or call for a general election. Either action is seen as “suicidal’, and there are lessons learnt after the Sabah election on the spread of Covid-19. The one called “Abah” is now caught between a rock and hard place.
Nazri Aziz has indicated what Umno is unhappy about, and it’s mostly about positions. But one thing that stands out was his statement about “selective persecution” of Umno top guns. People fear that as a compromise the cases will be dropped. That will be a disaster in the making and a mockery of our criminal justice system if it happens.
The last speaker who had issues in the house was Pandikar Amin Mulia, who declined questions raised by opposition MPs pertaining to controversial state-owned wealth fund 1MDB. A dissatisfied MP, Mahfuz Omar, during the debate on the Royal Address, said the continued rejection of any discussion on 1MDB by Pandikar would give the public the impression that the speaker was defending the government or anyone who might be liable in the scandal.
Art seems to be giving the same impression but has defended his actions.
The views expressed are those of the author and do not necessarily reflect those of FMT.
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