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FMT Reporters
June 28, 2020 11:59 AM
PETALING JAYA: A former law minister claimed Muhyiddin Yassin’s move to remove the Dewan Rakyat speaker and his deputy was made to evade the no-confidence motion against him as prime minister next month.
Liew Vui Keong also argued that Muhyiddin’s motion was unconstitutional.
In a statement, the Batu Sapi MP said the timing of the unprecedented motion “reeks of executive interference in the affairs of the legislative branch of the state”.
He said the doctrine of separation of powers, which Malaysia practises, stipulates that the government, Parliament and judiciary are three separate and independent organs of a state.
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“His motion is hence mala fide (in bad faith) with a vested personal interest in its outcome.
“It unconstitutionally flies in the face of our Federal Constitution, breaching the doctrine of separation of powers, and is unacceptable,” he said.
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Low Choon Chyuan
Published 27 Jun 2020, 6:45 pm
Modified 10:48 am
Prime Minister Muhyiddin Yassin has submitted a motion to replace Dewan Rakyat Speaker Mohamad Ariff Mohd Yusof and his deputy Nga Kor Ming.
Ariff’s other deputy, Batu Pahat MP Rashid Hasnon, appears unaffected.
Nga confirmed the matter with Malaysiakini today.
“This has been included in the agenda,” he said, adding that all motions that conformed to parliamentary rules would be dealt with fairly.
Chinese-language daily Nanyang Siang Pau earlier reported that Muhyiddin will be tabling the motion to remove and replace the duo on July 13, the first day of the upcoming Dewan Rakyat sitting.
The replacement was requested under Article 57(3) of the Federal Constitution, which stipulates that in the absence of the Speaker, “one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker”.
The Pagoh MP had reportedly submitted the motion at 4.50pm yesterday, just 10 minutes shy of the 5pm submission deadline.
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Nga noted that Muhyiddin’s move defied parliamentary convention as it was the first time a sitting premier had proposed to remove a Dewan Rakyat speaker and a deputy speaker.
“Muhyiddin’s submission to Parliament to remove the speaker is a first in Malaysian history.
“According to the parliamentary convention, a speaker’s position is typically made vacant in one of the following three circumstances – when parliament is dissolved for a general election, when the speaker passes away in office or when the speaker resigns.
“None of these three situations has happened,” he said.
A second “unusual” and unprecedented element about the motion was that it requested the speaker and deputy speaker be replaced on the spot.
According to Nga, parliament typically gives all MPs a 14-day notice to allow them to nominate a new speaker when the position becomes vacant. If more than one candidate is proposed, the decision will be made through a vote
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“Only the Dewan Rakyat has the power to do that. Whatever the motion, whether it is to replace the speaker or freeze a parliamentary convention, it must be brought to the House for a vote.
“Our position is simple, we will respect the decision made by the Dewan Rakyat. If the house wants us to remain, we will remain. If it wants us to leave, we will leave. Everything will be done in accordance with the Constitution and parliamentary rules,” he said.
For more:
https://www.malaysiakini.com/news/532052
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