Constitutional expert Abdul Aziz Bari holds the view that Sultan Mizan Zainal Abidin of Terengganu should have appointed Pakatan Rakyat as the caretaker government and then instructed it to dissolve the state assembly for fresh elections.

That would be the right thing to do, Aziz said, when it became clear that newly-appointed Menteri Besar Ahmad Razif Abdul Rahman had lost the confidence of the House with the spate of resignations from Umno yesterday.

“The sultan, instead of sacking the MB who refused to resign, chose not to do anything. Unlike in Perak, where the palace chose to act in a way that favoured Umno and BN.

“In Terengganu, the government that has lost the majority was allowed time to continue and the coalition with the majority, Pakatan Rakyat, which has 15 seats, was not appointed in its place.

“The sultan could have appointed Pakatan and asked it to call for the dissolution of the state assembly. While waiting for the state elections to be held, Pakatan can continue as caretaker government,” Aziz said.

The former International Islamic University law professor said the option to appoint Pakatan as the caretaker government for Terengganu would be more constitutional and democratic.

“It will put the coalition that has the necessary conditions (narrow majority) to be in power and at the same time, allow the Terengganu people to have their say.”

Aziz admitted that although one Umno lawmaker had returned to the party, he wondered whether it may have been done through corrupt means and if so, the Malaysian Anti-Corruption Commission should step in.

Instead, he said, it was clear the way the situation in Terengganu was moving, “the system” has given time and space for Umno and BN to work out ways to continue with their survival.

Yesterday, three state representatives, including former menteri besar Ahmad Said, Ajil assemblyperson Ghazali Taib and Bukit Besi representative Roslee Daud ( left ) resigned as Umno members and declared they would be Independents in the state assembly.

However, Roslee was reported to have retracted his resignation and is in Putrajaya, along with the other Terengganu Umno assemblypersons, to meet with Najib. Word is that Ghazali has also withdrawn his letter of resignation from Umno, but this is yet to be confirmed. 

Umno legal adviser Mohd Hafarizam Harun said yesterday that Ahmad, Ghazali and Roslee are still considered to be BN representatives as both Umno and BN have yet to receive their resignation letters.

Legality of government can be challenged

Aziz said it was wrong for the sultan to wait for Prime Minister Najib Abdul Razak and Umno to do something, as it is akin to police allowing thieves to leave the house with all they looted, while the police stand watching.

“All the authorities, including the sultan, are allowing Umno to remain in office, knowing fully well that they do not have the right to be in office in the first place,” he said, adding it was also wrong for Ahmad Razif to claim the three were still Umno members.

“If that is the case, then the Perak 2009 coup d'etat would not have taken place! Legally the letter of undertaking between lawmakers and their party is only good for civil action between them. There is no value under the constitution and I dare say the Terengganu BN state government is illegal.”

“It is incumbent on the sultan to do something about it. Otherwise anybody with enough legal standing can go to court to compel the menteri besar to tender his resignation,” he warned.

Aziz also described the Terengganu legal adviser Azhar Abdul Hamid's view that the BN is still in power as nonsensical as the speaker cannot be added to the total seats in the assembnly, since he is a non-member and was appointed to the post.

“While the speaker may cast his or her vote during debate - including the passing of a Bill - this may not be done when it comes to the life-and-death of the sitting government,” he said.