Friday, August 23, 2024

Muhyiddin raises CONSTITUTIONAL ISSUES and should not be simply investigated for Sedition or 3R? Face the issue head on...and deal with it? PM only if you have support of majority of MPs.

Muhyiddin's claims should not be dealt with by Sedition Act on any 3R issue - it is a much more serious  issue that may also implicate a WRONG by the King.
Muhyiddin, who is a former prime minister, is being probed for allegedly questioning the role that Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, the 16th Yang di-Pertuan Agong, played in the appointment of the 10th prime minister after the 15th General Election in 2022

The allegations stemmed from Muhyiddin's claim that, following GE15, he secured the support of 115 members of parliament, which he argued should have led to his appointment as prime minister.
If true, Muhyiddin showed the King that he had the majority support of MPs, a FACT that would have led to the appointment of Muhyiddin as the Prime Minister, and the King refused to appoint him - this is a SERIOUS CONSTITUTIONAL CRISIS.

But, the problem could be our MPs - they do change their minds so fast. They may have supported Muhyiddin to be Prime Minister at the time they signed the Statutory Declaration(SD) - but then changed their mind and shifted their support to Anwar Ibrahim???? Did they in their new SD revoke their old SD, or did simply LIE or misrepresent to Muhyiddin or Anwar?

** Do we have MPs that give their support to different people for whatever reason? Should it not be made a PRE-REQUISITE that a MP who previously gave his support to another, should when he gives his support to another later - clearly indicate in his/her SD that he revokes the previous SD giving support to some other? MPs 'playing safe' or using this 'support' as a bargaining tool must be criminalized? 

A MP, as a representative of the people of his/her constituency must always ACT INDEPENDENTLY for the people and for the choosing/removing of a Prime Minister. His FREEDOM should not be curtailed by any THREATS, Agreements, etc in this matter of the greatest importance.

REMEMBER a MP who acts against his/her own conscience and the good of the people of his constituency(and Malaysia) for some ulterior motive, monies, promises of position, etc is NOT THE KIND OF MP THAT WE WANT. 

Remember the MPs that continued to support then Prime Minister Najib Razak despite the revelations of the wrongs in the 1MDB, etc that he had done in office are certainly not the MP I want. Wonder, if they(the MPs) withdrew their support for  Najib to continue to be PM as soon as they became aware, then Najib could not remain PM after that - wonder how much monies could Malaysia save if they did so fast. Was it 'self interest'(the monies, the Cabinet positions, the appointments to GLCs and government agencies, etc) affected their decision for the good of Malaysia? 

That is why it is WISE for the KING to double-check with all MPs personally - not simply through party leaders claiming to represent the MPs of his/her party.

If what Muhyiddin allegedly said was TRUE, does that mean that the King appointed Anwar Ibrahim as Prime Minister despite the fact that he did not have the support of the majority of MPs? Did Anwar deceive the King? YES - A very serious issues that need to be INVESTIGATED.

In Malaysia, the King can only appoint a MP to be Prime Minister if he/she has the support of the majority of MPs to be Prime Minister. Remember the moment the sitting Prime Minister loses the majority support - he will no more be Prime Minister.

Note the support or 'confidence' of the majority of the MPs is crucial - The King has no power to appoint who he wants to be the Prime Minister in Malaysia based on the Federal Constitution.

43  Cabinet (Federal Constitution)

(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and ...
...(4) If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.

Hence, INVESTIGATE

1) Whether the King was deceived by Muhyiddin or Anwar into coming to a judgment that Anwar had the confidence of the majority of MPs when he was appointed Prime Minister?

2) Whether Muhyiddin was telling the truth, but did not at that time know that some of the MPs had changed their mind before he went and met the King?, OR

3) If the King knowing that Muhyiddin had the support of the majority went ahead and wrongly appointed Anwar Ibrahim as Prime Minister, then it is wrong and against the Federal Constitution. 

Either way, be it by reason of deception or by reason of 'conspiracy', the QUESTION is whether Anwar enjoyed the support or the 'confidence' of the majority of MPs when he was appointed Prime Minister. If he did not, then..... [The fact that he later proved by a 'vote of confidence' in Parliament that he had the confidence of the majority is IRRELEVANT to the issue] 

The VOTE OF CONFIDENCE in Parliament is problematic as we do not know the actual number of MPs that voted in favor, voted in opposition or simply abstained, as it was simply a VOICE VOTE ...they should have counted the votes, and we would have known how many MPs really supported Anwar...Remember, abstaining is not support. 
Prime Minister Datuk Seri Anwar Ibrahim won the vote of confidence at the First Session of the 15th Parliament on Monday (Dec 19), sealing his legitimacy as the nation's 10th prime minister. The motion to affirm Anwar’s leadership and appointment was passed via a voice vote, and the exact number of votes he secured could therefore not be confirmed. - Edge Markets, 19/12/2022

As mentioned earlier, the problem lies with some of our MPs. Some may have broken the law by giving support to BOTH. Some may have changed their position, but failed to disclose the revoking the support of another given previously, and now giving support to another > Should this be made into a legal requirement especially for SDs to be used for the choosing or removal of a Prime Minister? Should this be criminalized? Should the preventing of an MP giving his FREE and Independent Vote be criminalized?

Muhyiddin, during questioning by police, had furnished related documents submitted to Istana Negara, which included 115 statutory declarations (SDs) from members of parliament backing him for the prime minister role.

Earlier today, Prime Minister Datuk Seri Anwar Ibrahim clarified that the number of SDs by the MPs was contentious as some had allegedly signed multiple SDs. -


In any event, this is NOT a issue that should be investigated under the Sedition Act? This is not an issue that is about '3R'? This is a Constitutional Issue that maybe ought to be investigated by a ROYAL Commission of Inquiry, whose members are not chosen by Anwar but by independent others.

Maybe, for Anwar Ibrahim's good, there must be another VOTE OF CONFIDENCE in Parliament soon, where MPs are free to vote without coercion/threats from any quarter.? This TIME - COUNT THE VOTES, and tell us who and how many MPs support, oppose or simply abstain. 

MPs should never be 'BRIBED' into giving or removing the support for a MP to be Prime Minister or be removed as Prime Minister.

Remember MPs of Malaysia - you are responsible for the wrongs of the Prime Minister you choose to give 'confidence' to be the Prime Minister. So all MPs that continued to support Najib after knowing may be equally guilty for the wrongs committed against Malaysia and Malaysians, including the losses that amounts Billions, for the loss of reputation and credibility suffered by Malaysia by reason of the wrongs of a Prime Minister YOU supported, or failed to withdraw support. 

Remember, the Prime Minister is NOT KING - and MPs decide who is Prime Minister, and when a sitting Prime Minister ought to be removed. He is, but just a man or woman, a MP, who at this time serves as the Prime Minister simply because the majority of the MPs in Malaysia have confidence in his/her exercise of power as Prime Minister and head of the Cabinet. 

This are my views, and hope every Malaysian form their own opinion and/or position. 

ANOTHER Vote of Confidence - and this time the VOTES must be counted, and we should know who supported, who opposed and who ABSTAINED? 

We should also consider WHAT prevents MPs from voting freely - that is for another future post....


 




Anwar on Muhyiddin probe: I'm leaving it to the A-G

PUTRAJAYA: Prime Minister Datuk Seri Anwar Ibrahim says he will not interfere in the ongoing investigation against Parti Pribumi Bersatu Malaysia (Bersatu) president Tan Sri Muhyiddin Yassin over race, religion, and royalty (3R) issues raised by the latter during the Nenggiri by-election.

"For now, we leave it to the investigation process and the Attorney-General. I will not interfere in the matter," he said after launching the Ihsan Madani portal today.

He was responding to reporters on whether Muhyiddin would be probed for sedition.

Muhyiddin, who is a former prime minister, is being probed for allegedly questioning the role that Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, the 16th Yang di-Pertuan Agong, played in the appointment of the 10th prime minister after the 15th General Election in 2022

The allegations stemmed from Muhyiddin's claim that, following GE15, he secured the support of 115 members of parliament, which he argued should have led to his appointment as prime minister.

Tengku Mahkota of Pahang Tengku Hassanal Ibrahim Alam Shah Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah had also called on the police to take action against Muhyiddin for allegedly touching on 3R issues.

Several police reports have since been lodged against Muhyiddin.

Bersatu secretary-general Datuk Seri Hamzah Zainudin earlier today said the party is standing behind Muhyiddin and his statements.

Hamzah, also the opposition leader, said Muhyiddin's claim that 115 members of parliament supported him to be prime minister after the 15th General Election were factual.

Muhyiddin, during questioning by police, had furnished related documents submitted to Istana Negara, which included 115 statutory declarations (SDs) from members of parliament backing him for the prime minister role.

Earlier today, Prime Minister Datuk Seri Anwar Ibrahim clarified that the number of SDs by the MPs was contentious as some had allegedly signed multiple SDs. - NST, 23/8/2024

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