Constitutional Expert Shamrahayu: No Need For Vote Of Confidence Against PM Ismail

Shamrahayu's views, however, are contrary to the Yang di-Pertuan Agong's recent decree, in which, the Agong said the next PM must move a motion of confidence in his leadership in the Dewan Rakyat.

Cover image via Lai Seng Sin/AP/ABC News & Bernama

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A vote of confidence against newly-minted Prime Minister Datuk Seri Ismail Sabri Yaakob is not needed to ascertain the support in the Dewan Rakyat, according to constitutional expert Shamrahayu Aziz

Astro Awani reported Shamrahayu saying that the UMNO vice president's validity as the 9th Prime Minister (PM) has been confirmed during the oath-taking ceremony today, 21 August.

The law lecturer at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University of Malaysia (IIUM) explained that the Constitution does not state that the consent of Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah must be tested in the Dewan Rakyat.

"Understandably, if a PM has been sworn in, then the post is valid," she told Astro Awani.

"After all, our Constitution does not state the condition that the consent of Tuanku (the Agong) should be tested in Parliament. We no longer need to confirm Tuanku's consent."

The 53-year-old professor shared that she hopes that no party will now try to raise the validity of the appointment of the new PM as they had done previously with Muhyiddin Yassin.

Ismail Sabri taking the oath of office.

Image via The Financial Times/Reuters

Shamrahayu's views, however, are contrary to a decree by the Agong

In a statement on Wednesday 18 August, the Yang di-Pertuan Agong had said that the next PM must test his majority in Parliament to ensure stability and cooperation among parties amidst the pandemic.

"His Majesty also decreed that the prime minister who has been chosen by him under Article 40(2)(a) and 43(2)(a) of the Federal Constitution has to immediately submit a motion of confidence in the Dewan Rakyat to validate that the person has the confidence of the majority of the Dewan Rakyat. His Majesty also decreed that as the Chief of the country, His Majesty will do his best to perfect his responsibilities as a constitutional monarch grounded on the Constitution and the rule of law," said the statement.

Earlier today, former minister of human resources M Kula Segaran said that he Ismail to be better than his predecessor Muhyiddin

According to the Ipoh Barat member of Parliament (MP), Muhyiddin failed to test his majority, but the new PM must test his confidence in the Dewan Rakyat immediately after he's sworn in.

Kula said that while Muhyiddin was asked many times by the opposition, the Bersatu president failed to test his majority in the Dewan Rakyat and closed it down "when it suited him".

"That fear assured that he would never join the leagues of Tun Hussein Onn and Tun Abdullah Ahmad Badawi, who upon taking the reins from the sitting PM, tested their support in parliament immediately. Hussein Onn tested his majority within 11 days and Ahmad Badawi did it in three days," Kula added.

"These fine gentlemen embraced the sanctity of Parliament and were not afraid to test their support."

The UMNO vice president was sworn in today:

Meanwhile, Ismail's son has asked Malaysians to give his 61-year-old father a chance to prove his capability in steering the nation:

Read more about the 9th PM here:

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