Lim Guan Eng today called for action to be taken against those attempting to illegally remove any of the parties in the ruling Pakatan Harapan coalition, amidst rumours that a former minister was pushing for a new government to be formed without DAP and Parti Amanah.
Lim, who is DAP’s secretary-general, said such attempts were a “betrayal of democracy” as well as the clear and unequivocal mandate of the rakyat.
“DAP urges all parties to respect the PH electoral mandate to rule Malaysia through the five component parties of PH comprising PPBM, DAP, PKR, Amanah and Warisan,” he said in a message to mark Deepavali tomorrow.
Lim also said that Malaysians must not underestimate the threats posed by those who wish to disrupt national unity with extremist and racist statements.
BUT
MM Online - Lawyers: Voters may feel betrayed if Pakatan sacks partners, but no law to stop this.
Lim, who is DAP’s secretary-general, said such attempts were a “betrayal of democracy” as well as the clear and unequivocal mandate of the rakyat.
“DAP urges all parties to respect the PH electoral mandate to rule Malaysia through the five component parties of PH comprising PPBM, DAP, PKR, Amanah and Warisan,” he said in a message to mark Deepavali tomorrow.
Lim also said that Malaysians must not underestimate the threats posed by those who wish to disrupt national unity with extremist and racist statements.
BUT
MM Online - Lawyers: Voters may feel betrayed if Pakatan sacks partners, but no law to stop this.
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Prime Minister Tun Dr Mahathir Mohamad takes a group photo with ministers and Pakatan Harapan leaders in Putrajaya May 9, 2019. — Picture by Shafwan Zaidon |
KUALA LUMPUR, Oct 26 — Malaysians who voted for the four-member Pakatan Harapan (PH) in the 14th general election will have no recourse if components are removed as rumoured, according to legal experts.
Amid claims of a plot for a PH government without members DAP and Amanah, the lawyers said the informal nature of a coalition government meant there are no legal or constitutional safeguards preventing such an occurrence.
Constitutional lawyer Lim Wei Jiet agreed that the removal of partners from a ruling coalition mid-term may be seen possibly as a moral wrong but said it was not illegal.
“Voters no doubt have the expectation of their elected coalition to govern the whole term. And it will no doubt be seen as a betrayal of the peoples’ mandate from a political point of view.
“But there is ultimately no law which says that the coalition we elected on 9th May 2018 must govern until the 15th general election,” he told Malay Mail when contacted.
Lim pointed out that “there is no law to prohibit a ruling coalition to re-organise or remove coalition partners mid-term”.
“The only constitutional requirement is that the prime minister of the government of the day commands the confidence of the majority of the Dewan Rakyat. Of course, if any such re-alignment or removal happens, such confidence on the prime minister can be tested by a vote of no-confidence,” said Lim, who is also secretary-general of the National Human Rights Society (Hakam).
Lim said a no-confidence vote would also not be automatically triggered if a ruling coalition removes a component mid-term, explaining that a federal lawmaker must propose this in Parliament.
Amid claims of a plot for a PH government without members DAP and Amanah, the lawyers said the informal nature of a coalition government meant there are no legal or constitutional safeguards preventing such an occurrence.
Constitutional lawyer Lim Wei Jiet agreed that the removal of partners from a ruling coalition mid-term may be seen possibly as a moral wrong but said it was not illegal.
“Voters no doubt have the expectation of their elected coalition to govern the whole term. And it will no doubt be seen as a betrayal of the peoples’ mandate from a political point of view.
“But there is ultimately no law which says that the coalition we elected on 9th May 2018 must govern until the 15th general election,” he told Malay Mail when contacted.
Lim pointed out that “there is no law to prohibit a ruling coalition to re-organise or remove coalition partners mid-term”.
“The only constitutional requirement is that the prime minister of the government of the day commands the confidence of the majority of the Dewan Rakyat. Of course, if any such re-alignment or removal happens, such confidence on the prime minister can be tested by a vote of no-confidence,” said Lim, who is also secretary-general of the National Human Rights Society (Hakam).
Lim said a no-confidence vote would also not be automatically triggered if a ruling coalition removes a component mid-term, explaining that a federal lawmaker must propose this in Parliament.
I wonder why Lim Guan Eng made such a silly call, considering Pakatan Rakyat (previous coalition, not the current Harapan) wanted to kick PAS out of the Selangor's state government, wakakaka.
Syiok-sendiri-wise he can squeeze his own balls but legally he must continue to squeeze those balls as there's nothing legally he can do.
Syiok-sendiri-wise he can squeeze his own balls but legally he must continue to squeeze those balls as there's nothing legally he can do.
Additionally, the reason why Mahathir is still the PM has been the inability of PKR Pandan Cats (Anwar's faction) to marshal enough members (112 to reform a new ruling govt) to kick Mahathir out.
If PKR has 50 MPs and Dwarf Azmin has 18 and jumps like a blardy frog (which is most likely), that leaves the Cats with 32. DAP has 42, making a pro Anwar number of 74. Can Amanah's 11 be relied upon to support Anwar in a showdown? Even so, that makes the number only 85.
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Dwarfs above, Cats below |
But how many of Azmin's 18 are non-Malays (eg. Tian Chua, Sivarasa, etc) who won't find it suitable to support Mahathir Pan-Malay coalition (UMNO III) - if they do, they may well end up being notorious chow-kau of the Chinese Malaysians.
Ronnie Liu has claimed that some in Mahathir's own Pribumi party may even frog over to Anwar's side. And undoubtedly Anwar has his old mates (anti-Mahathir faction) in UMNO to rely upon. Then there are the East Malaysian allies which alas, I lack the knowledge to comment upon.
Intriguing number crunching, wakakaka.
Read his statement carefully.
ReplyDeleteThere are legal and illegal ways to "topple a government". The legal way is via elections.
Guanee is warning us to be wary of the illegal ways. What is wrong with that?
One such illegal way is the tried and tested: stirring up racial and religious issues, causing social unrest and another May 13.