KUALA LUMPUR, Aug 12 (Sin Chew Daily) – Constitutional experts are of the view that whether the confidence vote to be tabled in parliament next month is passed or rejected, there is no guarantee that the county's political stability could be restored.

Appointing interim PM the best solution

Center for a Better Tomorrow (CENBET) co-president Gan Ping Sieu told Sin Chew Daily this is not the right time for an election due to the pandemic, and the appointment of an interim prime minister will be the best solution in the event the confidence vote is not passed.

"If a grand unity government is desired, all the party leaders will have to sit down and talk. This is very common in Europe but has never happened here in Malaysia mainly because various political camps have made their own decisions before the last election."

Gan said as no political party or elected representative will have majority support in parliament, the PM candidate appointed by the King can opt to seek His Majesty's consent to proclaim a state of emergency to ensure smooth operation of the government.

However, he said even if the country has an interim PM, political instability will return when the parliament is dissolved to pave way for fresh elections, as no political alliance has a convincing majority support.

Another emergency proclamation

International Islamic University Malaysia (IIUM) legal adviser Prof Dr Nik Ahmad Kamal Nik Mahmod also agreed that the best solution now is to appoint a suitable candidate to be interim prime minister while issuing a state of emergency again.

He said even if the prime minister were to propose to His Majesty to dissolve the parliament to pave way for fresh elections in the event the confidence vote is rejected, general election can only be held earliest at the end of this year.

"Even if we have hit the 80% immunization rate by then, given the powerful Delta variant, the format of the election needs to be changed, such as limiting campaign events, banning gatherings and taking the election online, among others."

However he said this is only possible through proclamation of emergency and tabling of constitutional amendment bill in the parliament.

Minority government

University of Tasmania Asia Institute director Professor James Chin said if the confidence vote is not passed, Muhyiddin can request the parliament to propose a prime minister candidate, and if the opposition fails to propose a candidate supported by majority of MPs, Muhyiddin may not need to resign and can still lead a minority government.

If the confidence vote is passed, he said Muhyiddin will have at least another six months of peace and stability.

He said the only way to restore political stability is to hold a general election with the condition there is a convincing winner with the support of at least 130 MPs. 

He also said the statutory declarations signed by MPs in support of any PM candidate have no legal binding in the country's Constitution. In the end, it will still have to be decided in a vote in the parliament.

No enduring stability

Lawyer Andrew Khoo Chin Hock said if the confidence vote is passed, at least political stability would be improved but that does not mean the same situation will not happen again in future.

As for the election, he said it may not necessarily resolve the issue of political stability as this will depend on whether the election will produce a powerful government with a strong majority support.

"If an interim PM is appointed, then the candidate will need to go back to the parliament to prove his support in a confidence vote. Even though they are not actually required by the laws to do so, this is necessary politically."

While there is the term "interim prime minister" in politics, Khoo said "caretaker prime minister" is a more appropriate term.

He said Muhyiddin should not be appointed a caretaker PM again if the confidence vote is rejected. If the confidence vote is passed, he may need to make minor changes to his cabinet to consolidate his strength, adding that the 2022 Budget to be tabled in October will be another test for Muhyiddin administration's legitimacy.