PKR lawmaker concurs with PM, Agong has final say on GE15 date

An opposition MP and lawyer has concurred with Prime Minister Ismail Sabri Yaakob, who said the prime minister does not have the sole prerogative to dissolve Parliament.

In a statement today, Pasir Gudang MP Hassan Abdul Karim (above) said Article 40(2)(b) of the Federal Constitution explicitly stipulates the Yang di-Pertuan Agong can withhold consent to dissolve Parliament.

“According to convention, the Yang di-Pertuan Agong should accept the advice of the prime minister and consent. It would not look nice (otherwise). In fact, there can be a constitutional crisis if the Agong rejects such advice.

“However, if the prime minister, under duress, gives in and advises the Agong to dissolve the 14th Parliament to pave way for the 15th general election, there is a risk that the advice is turned down.

“It would be embarrassing for a prime minister to have his advice rejected. This has happened before to a previous prime minister. This is perhaps why Ismail Sabri is treading carefully,” said Hassan.

In view of this, Hassan argued that those pressuring Ismail Sabri to hold snap elections, including those from his own party, should be patient.

“To the ‘court cluster’, or others, who are very excited about returning to the corridors of power, they should be patient.

“Resolve those court cases first. Hold your party elections. Control inflation to avoid a ‘hyper-inflation’ situation.

“When things are comfortable and the Covid-19 virus is no longer a threat to public health, then we can have the 15th general election,” he said.

Under Article 55 of the Federal Constitution, a parliamentary term begins on the first day of a new Parliament term and not the election date.

Hence, Malaysia’s 14th Parliament only expires on July 15, 2023. If allowed to expire naturally, the Election Commission will have up to 60 days to conduct an election.

Therefore, legally, the next Parliamentary election can be delayed until Sept 13 next year.

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