The memorandum of agreement (MOA) between Prime Minister Anwar Ibrahim and leaders of several parties only proves that the former is not confident of gaining a majority in Parliament in Monday’s confidence vote, claims Perikatan Nasional chairperson Muhyiddin Yassin.

He made the claim over a clause in the agreement which would force MPs from government parties to vacate their seat if they do not support the prime minister in motions relating to confidence votes, supply bills or procedural motions.

Muhyiddin added that it was a clause that had not been stipulated in any agreements or laws in the past.

“I have never seen such a thing being implemented in any law, except the one related to the act of party-hopping, which if not supported may cause an MP to relinquish his seat.

“So I see that the prime minister is not very confident that the confidence vote can proceed (without the agreement),” he was quoted as saying by Astro Awani.

The MOA was signed yesterday by Anwar, BN chairperson Ahmad Zahid Hamidi, Sabah Chief Minister Hajiji Noor, Sarawak Premier Abang Johari Openg and Warisan president Mohd Shafie Apdal.

A controversial clause in the agreement was Article 4 - which stipulated that MPs in the unity government who fail to vote or support the prime minister in motions like confidence votes, supply bills or procedural motions relating to the federal government’s stability would be deemed to have resigned for their elected seats.

As a result, the MP’s seat will be vacated in accordance with Article 49A (1) of the Federal Constitution, and the MP’s party must notify the Dewan Rakyat Speaker of the vacancy, for a notice to be given to the Election Commission to hold a by-election.

Article 49A stipulates the conditions for an MP to cease being a member of the Dewan Rakyat - which Muhyiddin claimed does not include requiring an MP to vacate their seat if they do not comply with party instructions when voting on any motion or bill.

He added that government MPs should not be forced into casting a certain vote, even if the coalitions within the government have an understanding.

The former premier said he was worried that MPs would be also forced into voting on other proposals and bills in the future, including constitutional amendments.

Unconstitutional agreement?

Quoting lawyers he had met, Muhyiddin also claimed that the agreement signed yesterday was unconstitutional.

“I was told by some quarters that yesterday’s (agreement) may be unconstitutional, irregular and in violation of the law (because) MPs have the right to liberty, and that is in the law.

“That means if they want to support, they can support. And if they don’t, (their position) will not be affected.

“If a party wants to take disciplinary action (against them, for their decisions) that is a different matter, but it should not be to the extent of resigning or vacating their seat,” he stated.

Meanwhile, Muhyiddin said PN MPs will be meeting tomorrow afternoon to decide their position for the confidence vote.

“I think some of us or all of us may not support the prime minister.

“I cannot say more, but (the matter) will be discussed in tomorrow’s meeting,” the Pagoh MP added.