Minister in the Prime Minister’s Department (Legal Division) Takiyuddin Hassan said, the Federal Constitution do not provide for procedures relating to the motion of no-confidence to the prime minister.
He said, the Yang di Pertuan Agong who has the prerogative power on this matter should decide in his own way to make a decision.
“Among them, the Yang di-Pertuan Agong can determine any appropriate way to determine the individual who is in the best interests of the majority of the members of the Dewan Rakyat.
“It is including by receiving any documents submitted or by obtaining oral or written statements from each member of the Dewan Rakyat,” he said in response to the closing of the 2021 Budget debate today.
A total of 25 motion of no-confidence motion was accepted and included in the Order of Meeting for the Third Meeting, however Takiyuddin stressed that the matter was not provided for in the Federal Constitution.
“Clause (4) of Article 43 of the Federal Constitution states, 43. (4) If the prime minister no longer has the trust of the majority of the members of the Dewan Rakyat. Then the prime minister shall resign from the Cabinet unless at his request Parliament is dissolved by the Yang di Pertuan Agong.
“Although Clause (4) of Article 43 of the Federal Constitution provides for the position if the prime minister no longer has the trust of the majority of the members of the Dewan Rakyat, the Clause does not provide for the procedure to submit a motion of no-confidence against the prime minister.
“Therefore, the procedure should be as provided in the Rules of the House of Representatives,” he said.
Takiyuddin said a motion of no-confidence against the prime minister could be brought to the Legislative Assembly if it was in order and complied with Meeting Rules 26 (1) and 27 (3) of the Rules of the House of Representatives relating to the requirements of the motion notice.
He said the no-confidence motion was also subject to Rules of Meeting 14 and 15 in the Rules of the House of Representatives of the House of Representatives on the arrangement of the Rules of the Meeting and the provisions to prioritize Government Affairs.
However, he said, the Speaker of the House of Representatives has the power and discretion to determine when the debate on a motion can be made taking into account the affairs of the government.
“In accordance with the Rules of Meeting 15 (1) of the Rules of the House of Representatives, on every day of the conference, government business shall take precedence over other matters.
“In this regard, other matters including private motions which also consist of motions of disbelief will only be debated after all government matters are completed,” he said.
Regarding the vote of no-confidence motion against the prime minister as submitted by Ahmad Zahid Hamidi (BN-Bagan Datuk), Takiyuddin said, this motion is also included as a private motion.
He said, it is also subject to Rule 15 (1), the Rules of the House of Representatives, where Government matters must take precedence over other matters.
24th November 2020 17:49
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