MM Online:
Lawyers: Pakatan's plan for six-months power transition contract won’t be legally binding
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Pakatan Harapan leaders have proposed to ink a six-month power transition agreement with Tun Dr Mahathir Mohamad Picture by Farhan Najib |
KUALA LUMPUR, June 23 — Several lawyers today weighed in on Pakatan Harapan (PH) leaders' proposal to ink a six-month power transition agreement with Tun Dr Mahathir Mohamad, with all three agreeing that such a move is not valid under the Federal Constitution.
However, the lawyers noted that such an agreement would still hold some moral and political clout for the pact in choosing its prime minister candidate.
Constitutional lawyer Lim Wei Jiet said that the prime minister can, in fact, still do as he or she sees fit, even after inking such proposed contract.
“I don't think it's legally binding. Under the Constitution, the discretion to resign as a PM lies with the PM himself/herself. Similarly, it is also the Yang di-Pertuan Agong's prerogative to call for a PM to resign, if he no longer enjoys the support of Parliament.
“Agreements such as this may be deemed as contrary to public policy and void. Arguably, such an agreement cannot be enforced by a court.
“Having said that, such an agreement may have great moral or political force. So we shouldn't dismiss this so easily,” Lim told Malay Mail.
Fellow lawyer and constitution expert Fahri Azzat also shared Lim's sentiments and said that even if the agreement can be forced to fit within the Contracts Act 1950, the courts should not do so.
“Let me answer it this way: I do not think such an agreement is legally binding — because it is a political agreement about succession. I briefly considered whether such an agreement would fall within the framework of the Contracts Act 1950.
“Although I think that statute can be shoehorned to fit such a political agreement, I don't think the courts should do so as it can prove to be very problematic because the act never had such agreements within its contemplation,” he said when contacted.
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very mature Kerala buffalo beef - bitter & sour |
did anyone suggest its legally binding? any diff this 6 month n the ge14 2 years?
ReplyDeleteWho cares about legality of 6`or 24 months?
ReplyDeleteThe colour of the cat is irrelevant in catching mouse!
Manmanlai IS a definite failure in this task. While mamak IS hardwired to make sure that the crimes stick!
The ONLY salvation for bolihland is to send that two glutinous kleptomaniac couple to a long long holiday in bamboo river resort as a prime example.
After that new awakening, only then those ketuanan freaks, zombies & blur-sotongs WOULD forever track carefully about their merry-go-round game of back-scratching cronyism.