COMMENT | Minority govt backed by opposition may resolve impasse

COMMENT | The political deadlock on the appointment of the 10th prime minister has been haunting all of us.

The predicament duly faced by our king is understandable. Yes, not a single political coalition or bloc has managed to obtain a simple majority to govern. 

As it turned out, Pakatan Harapan won the biggest majority by securing 82 seats in the 15th general election. The coalition that came in second, which managed to obtain 73 seats, is Perikatan Nasional (PN).

PAS, which is well known for its ultra-conservativeness and its extreme brand of politics, is also part of PN.

What is the best formula for the Yang di-Pertuan Agong to find a viable solution in order to resolve the current political impasse?

It goes without saying, any solution to the present political stand-off must be able to operate within the paradigm of Article 43 (2) (a) of the Federal Constitution.

Some legal scholars and lawyers are of the view that Harapan chairperson Anwar Ibrahim ought to be given the baton to helm Malaysia as our next prime minister. 

In offering such a view, they sincerely believe that the king ought to follow the democratic convention practised in some commonwealth countries. 

Is such an opinion running against Article 43 (2) (a) of the Federal Constitution?

It is interesting to note that the relevant article merely guides the Agong to appoint a prime minister who is in his judgement likely commands the confidence of the majority of MPs. 

Nevertheless, Article 43 (2) (a) does not prescribe any mechanism or formula for arriving at the said majority. 

Be that as it may, does our apex law recognise any prime minister who represents a minority government, namely a government which fails to secure 112 seats in Parliament?

Minority govt with friendly opposition

I submit with the greatest respect that the king reserves the discretionary power to appoint Anwar as the prime minister despite the fact that Harapan only garnered 82 seats, assuming BN agrees to support him as the PM.

At present, BN has 29 seats in Parliament, making the former ruling coalition the kingmaker.

If Harapan has no qualms in supporting BN/Umno in Perak to lead the state government and appointing an Umno menteri besar, despite the fact that the party merely represents a tiny majority, it would be mindboggling if BN/Umno were reluctant to support Anwar and Harapan, in return.

Like it or not, Umno/BN may be seen to be prioritising self-interest if it chooses not to support Harapan or Anwar

In Perak, Harapan opted for an unpopular option in the interest of the nation and the people respectively. National interest trumps personal and political interests as far as Harapan is concerned. 

Why can’t BN do the same?

Does it also mean Harapan has to form a unity government with BN? 

My answer would be a resounding no. BN may support Anwar as the prime minister of a minority government via a confidence-supply agreement. BN does not have to join the Harapan-led government. 

By executing the CSA, BN may agree to fully support Anwar as the prime minister. As quid pro quo, BN would be given certain benefits as an opposition front that is friendly to a minority government.

This political arrangement might be a viable option in resolving the political stalemate. 

It may also produce added advantages such as avoiding the evil of the “scheme of things” and a bloated cabinet.

Finally, with the politics of hate and religious extremism demonstrated by PAS and Bersatu, it would be unimaginable for the king to let PN govern our beloved land and cause damaging repercussions to Malaysia’s economy.

It is also laughable that a political front like Gabungan Parti Sarawak has no problems supporting PN despite being fully aware of the extreme brands of politics practised by the coalition.

MOHAMED HANIPA MAIDIN is former Sepang MP.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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