Monday, 15 January 2024

FTPA needed to stop undemocratic backdoor governments

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 Of the 10 prime ministers, the racist Muhyiddin “I Am Malay First” Yassin and Ismail “Turtle Egg” Sabri Yaakob are the questionable backdoor premiers. They are now trying to engineer a third backdoor government by toppling Anwar Ibrahim.

FTPA needed to stop undemocratic backdoor governments

KUALA LUMPUR, Jan 16, 2024: Much have been written and debated on Umno president and Deputy Prime Minister Zahid Hamidi’s proposal of a Fixed-term Parliament Act (FTPA).

Many also argue that the FTPA is undemocratic and infringes the rights of all. Is that so?

Engineering backdoor Governments is democratic?

Every five years, Malaysians go to the polls to elect a Government of their choice and they do that by electing 222 Members of Parliament (MPs).That is the constitutional right of Malaysians, certainly not backdoor Governments that are formed by destabilising politics with MPs turning finto political frogs, thus betraying the rakyat (people) who elected them based on their political status.

Prime Ministers and Governments in Malaysia have been toppled since 2019 because of switches in political allegiance.

Governments are unable to focus on socio-economic development and progress as prime ministers are forced to watch their backs and politicking becomes the order of the day.

By right, after every general election and a MP has been elected to be prime minister, he or she should be given the democratic right to govern the full term.

The use of Statutory Declarations (SDs) and political frogs to influence the Yang di-Pertuan Agong (King) is simply undemocratic and an abuse of the political and democratic process.

The only right way to topple or change a prime minister should be the Parliamentary process.

The MP who enjoys the majority support in Parliament is thus appointed by the prime minister. Therefore, it is only democratic and legal that the change must come from Parliament via a vote of no-confidence.

That is the legal, constitutional and democratic process, not through SDs or whatever.

The Taliban-like PAS and Perikatan Nasional (PN) led by the racist Muhyiddin “I Am Malay First” Yassin have, after the 15th General Election in November 2022 claiming that they have the numbers (MPs in Parliament) to form a Government.

Is that so? What’s so difficult, then, to move a motion of no-confidence against the 10th Prime Minister (PMX) Anwar Ibrahim?

In fact, Anwar himself supported such a motion in Parliament twice, but the Opposition failed to show the numbers of MPs required.

However, the Opposition has continued politicking with the use of race and religion to rock national unity and harmony in their bid to topple Anwar and his so-called Madani Unity Government.

What a waste of time, energy and resources when the MPs should be focusing on healing the economy for the rakyat dan negara (people and country).

Enough is enough. With the national debt at more than RM1,5 trillion, the Government needs to focus all its energy and resources on socio-economic development.

So, the proposed FTPA is not undemocratic, as long as the Parliamentary process (motions of confidence) is maintained. There should not be any SDs to form backdoor governments and what not. Period.

No News Is Bad News reproduces below related news reports on the issue:

Formalise procedures for motions of confidence and no-confidence, say activists

Projek SAMA says amendments must be made to the Dewan Rakyat’s Standing Orders.

FMT Reporters - 16 Jan 2024, 6:45pm

Calls for a fixed-term Parliament arose in the wake of three changes of government since the 2018 general election. (Bernama pic)

PETALING JAYA: The proposed Fixed Term Parliament Act (FTPA) must be accompanied by amendments to the Dewan Rakyat’s Standing Orders to formalise the procedures for motions of confidence and no-confidence, say activists.

Currently, the Dewan Rakyat’s Standing Orders make no mention of motions of confidence and no-confidence.

Projek SAMA, an initiative advocating institutional reforms, said the amendment should serve as the “confirmatory vote of confidence” (CVC) for every newly-appointed prime minister under Article 43(2)(a) of the Federal Constitution.

Article 43(2)(a) of the Federal Constitution states that the Yang di-Pertuan Agong shall appoint as prime minister a member of the Dewan Rakyat who in his judgment is likely to command the confidence of the majority of the MPs.

“This (amendment) would enhance the legitimacy of the prime minister and affirm both parliamentary democracy and constitutional monarchy,” said Projek SAMA in a statement.

It added that both the FTPA and the CVC should be followed by other reforms such as a tenure limit for prime minister, a Parliamentary Services Act (PSA), and the recognition of a Shadow Cabinet.

It also called for more parliamentary committees and non-governmental business time in parliamentary sittings, as well as equal Constituency Development Fund (CDF) laws.

Projek SAMA also said the proposed amendment must also be accompanied by a Political Finance Act with public funding for political parties, institutional separation of the public prosecutor from the attorney-general, and an independent Election Commission (EC) accountable to Parliament.

Calls for a fixed-term Parliament arose in the wake of three changes of government since the 2018 general election.

In February 2020, the so-called “Sheraton Move” led to the collapse of the Pakatan Harapan (PH) government, following the exit of several MPs from PKR and Bersatu, then a PH partner.

The suggestion received mixed reviews from both sides, as Prime Minister Anwar Ibrahim earlier today played down a proposal for a FTPA, saying it is not a priority.

Enacting law to ensure govt stay in power good idea but needs further study, says Kitingan

By STEPHANIE LEE

SABAH & SARAWAK

Tuesday, 16 Jan 2024

12:04 PM MYT

KOTA KINABALU: The proposal to enact a law to ensure that a government remains in power for its full five-year term is good and positive, says Datuk Seri Dr Jeffrey Kitingan.

The Sabah Deputy Chief Minister said while this was a positive idea to prevent political instability, there were many questions surrounding its feasibility and implementation methods.

"How would this proposed act affect democracy in a situation of a hung Parliament and isn’t the existing anti-hopping law sufficient to ensure political stability?

“If there is a loophole in the anti-hopping law, why can't we address that first? Or look at the whole political system and learn from Indonesia, for example,” said Kitingan in response to Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s suggestion on Saturday (Jan 13).

He had said that if a party or a coalition managed to form a government and received the consent of the Yang di-Pertuan Agong, then it should remain in power until the end of its term and a law to make sure of this should be enacted.

Kitingan, who is also Sabah STAR president, said in the case of Indonesia, they have legislation that addresses political party hopping, similar to Malaysia's anti-hopping law.

“In Malaysia, the anti-hopping law is designed to prevent elected representatives from switching political parties, a practice that can destabilise political systems and undermine democratic principles,” he said.

He said Indonesia's approach to this issue was outlined in the Law on Political Parties, particularly in Law No 2 of 2008 and its amendments that stipulates the rules and regulations governing political parties, including the conduct of party members and representatives.

Kitingan said it included provisions that address the status of members who switch parties, though the specific details and enforcement mechanisms may differ from those in Malaysia.

The Indonesian law tends to focus on the ethics and responsibilities of party members, including elected representatives, and provides a framework within which parties can manage internal discipline and loyalty, he said.

“Like Malaysia, the intent is to maintain political stability and integrity, though the exact measures and their implications can vary,” he said.

Kitingan said both countries' laws reflect a common concern in many democracies: the need to balance the rights of individual representatives with the stability and predictability of the political system.

However, the effectiveness and democratic implications of anti-hopping laws are often subjects of debate, particularly regarding how they intersect with the principles of individual freedom and representative democracy, he said.

In summary, like many parliamentary democracies, Indonesia relies on a process of coalition-building and negotiation to manage situations where no single party has a clear majority, he said.

“This process, while sometimes complex, is a key aspect of ensuring that the government can continue to function and represent a broad range of interests within the Indonesian political spectrum,” Kitingan added.

As for Ahmad Zahid’s proposal, globally, the concept of a government remaining in power until the next scheduled election is a fundamental aspect of many parliamentary democracies, he said.

“But it's usually more a matter of political convention and constitutional design rather than a specific "law" as such,” he said.

Kitingan said in countries with a stable parliamentary system, it's expected that the government (usually formed by the majority party or a coalition) will serve its full term, barring exceptional circumstances like a vote of no confidence, dissolution of parliament, or other political shifts.

However, there are a few mechanisms and provisions that can be seen as reinforcing this principle such as fixed-term parliaments, constitutional provisions, no-confidence votes and dissolution powers, he said.

He said the enforcement of these principles varies significantly based on each country's unique political and legal context.

Kitingan said in some nations, adherence to these norms is strict, while in others, political realities might lead to more frequent changes in government or early elections.

“It's important to note that while these mechanisms can encourage governments to serve full terms, they are balanced by other democratic principles that allow for flexibility and responsiveness to changing political circumstances,” he said.

“This balance is crucial for maintaining both stability and democratic accountability,” he added. - The Star

‘Premature’ to comment on fixed-term Parliament Act, says PM

Prime Minister Anwar Ibrahim says unity government leaders have not even discussed the matter.

Elill Easwaran - 16 Jan 2024, 12:05pm


Last week, deputy prime minister Ahmad Zahid Hamidi proposed a fixed-term Parliament Act to prevent attempts to change the government.(Bernama pic)

SERI KEMBANGAN: Prime Minister Anwar Ibrahim has played down a proposal for a Fixed-Term Parliaments Act, saying it is not a priority.

“We (unity government leaders) have not discussed it yet. It would be a bit premature (to comment),” he told reporters after an event at Universiti Putra Malaysia.

“There has been a suggestion, but to me, it is not a priority.”

Last week, deputy prime minister Ahmad Zahid Hamidi proposed a Fixed-Term Parliaments Act to prevent attempts to change the government, following speculation about the so-called “Dubai Move”.

NOW, UMNO STARTS TO GET NERVOUS - WHY ZAHID SO SILLY TO LET HIMSELF BE USED BY 'WEAK' ANWAR & HARAPAN? - INDEED, NEW FTPA LAW "TO CONTAIN DISSENT" MAY BE SEEN AS IMPINGING ON MONARCH'S PREROGATIVES - AND EVEN IF IT DOESN'T, IT STILL WON'T WORK - BECAUSE


 

 

2:07 PM · Jan 15, 2024

Written by FMT, Mkini

Focus on ending political manoeuvres, says Umno Youth man

Wan Agyl Wan Hassan says trying to ensure stability through a fixed-term government would not succeed ‘if you fail to manage the politics’.

Wan Agyl Wan Hassan says those who switch support for a prime minister may be doing so because of “something else”, and not on principle. 

An Umno leader has urged political leaders to deal with political manoeuvres aimed at changing the government by reforming the anti-hopping law.

Umno Youth permanent chairman Wan Agyl Wan Hassan said he understood the intention of party president Ahmad Zahid Hamidi in proposing a Fixed-term Parliament Act, which would ensure a government remains in office for a full five years after a general election.

While Zahid’s intention was to ensure political stability, “at the end of the day, this is about political manoeuvring,” said Wan Agyl. “If you fail to manage the political part then you fail to ensure stability,” he said.

READ ALSO: UK's Dissolution and Calling of Parliament Act 2022

Zahid’s proposal had come in the wake of speculation about a so-called “Dubai Move” to change the government by engineering defections from the ruling unity coalition.

Wan Agyl said “an MP might be threatened or offered something in order for them to shift support. It’s not like they suddenly one day realise they want to support someone else (to be prime minister). This is not about principles, there’s something else,” he said.

Instead, he urged the government to review the anti-hopping law and plug loopholes, citing the decision by five MPs of the opposition Bersatu party to declare support for Prime Minister Anwar Ibrahim in November.

The five MPs who backed Anwar did so without quitting their party, circumventing a provision that would have resulted in their seats being vacated and fresh elections called.

‘Stick to winning back Malay votes’

An Umno grassroot leader from Johor said Zahid should not have been the one to make the proposal. He should have let other parties make the call, as Umno was “a rather small partner in the unity government” in terms of number of MPs.

“We should instead stick to working on how to ensure the Malays come back to Umno,” he told FMT.

Another Umno grassroot leader said Umno should not make it seem like the party is a close ally of PH. “The more we are perceived as being close to PH, the more the Malays won’t support us,” he said.

He said Zahid might be thinking of his own interests, but he should look into sustaining Umno and safeguarding its future, and not be making such statements.

Zahid has proposed a fixed-term Parliament to prevent any future attempts at changing governments, following the speculation about a “Dubai Move” to unseat the ruling unity coalition. Zahid said instability and changes in government in the middle of the parliamentary term were not good for the country. FMT

Don't waste time on Fixed-Term Parliament Act, Zaid tells Azalina

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said has been urged not to waste her time on introducing a Fixed-Term Parliament Act (FTPA).

While noting that the FTPA has its advantages, former law minister Zaid Ibrahim believed that the law would cause chaos in the Madani administration, which is a coalition government that comprises 19 component parties.

“It will be a mess,” Zaid (above) said in a statement on X today.

“A large single party like the Conservatives or Labour controls the British government, and the fixed term is working because stability is assured, not by the fixed term but by the strength of the ruling party.”

However, Zaid said the FTPA will only bring about “artificial stability” in Malaysia.

Zaid, who is also a lawyer, alleged that the introduction of the FTPA is an attempt to “strengthen a weak single party” - PKR - using a fixed-term method.

“It’s like a party president who wants to rule but has no election.

“Here, the coalition is large and porous. Movements of members are inevitable. Democracy here takes time to mature,” he added.

‘Don’t be anxious to rule for long periods‘

He reminded those in power “not to be too anxious to rule for long periods by artificial means”.

“When you are good and well-liked by the people, that’s the fixed term you will get.

“(There’s) no need to legislate if you have a fixed term but because the controlling party, which is PKR, is small, there will be an internal struggle in the coalition. It’s a matter of time.

“Government will be chaotic, and yet we cannot have an election because of the fixed-term law,” Zaid said.

Yesterday, Azalina said the Legal Affairs Division will conduct in-depth studies to get public views on such legislation.

She added that an engagement session with stakeholders will also be held soon, with the findings to be then reviewed by the cabinet for policy-making considerations.

The Pengerang MP said this in a statement welcoming a proposal - to introduce a special bill that will ensure a government remains in power for its full five-year term - by Deputy Prime Minister Ahmad Zahid Hamidi that hinted at an FTPA.

‘Real reforms’

Zaid did not mince his words when he said the enactment of an FTPA is not a reform, but a control to contain dissent.

Instead, he advised Azalina to focus on executing real fundamental reforms in the likes of repealing the Sedition Act 1948 and the MACC Act 2009.

“Do not weaponise institutions like the MACC. Make them independent.

“You can also mandate the attorney-general (AG) to give reasons whenever he exercises his ‘unfettered discretions’. It’s one thing to say AG has absolute discretion, but you can compel him to provide reasons.

“That’s real reform,” he said.

Further, he questioned if the purpose of amending Article 10 of the Federal Constitution - to restrict elected representatives’ freedom of association - so the anti-party hopping law could be passed, had been achieved.

“The political party constitutions are amended to compel obedience of party members to follow the diktats of the party leaders, but do we achieve any more stability in these parties?” he asked. Mkini

Written by FMT, Mkini

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