The Agong – The King, The PM Maker


UPDATED 24/09

The Sun (read here)

The King’s say in removing the PM…

Yang di-Pertuan Agong Sultan Mizan Zainal Abidin is the King of Malaysia. He is the ultimate ruler of Malaysia, the King, The PM Maker.  It is in his hands if what was reported about Pakatan Rakyat’s move is true.  We have seen what happened in Perlis, Perak and Trengganu.  Is this another of those times?

PR has apparently sent a letter to the Agong seeking an audience and this was done a few days ago.  No details were disclosed but it is widely believed to pertain to demonstrating to the Agong that that PR has the majority of support in the Parliament and thereby seek the appointment of Anwar as the next Prime Minister (read MalaysiaKini here).  This was disclosed by PAS Leader Dr Mujahid Yusof Rawa.  He says that they are confident that the Agong will act wisely.

Updated 22/09: Wan Azizah was reported today as saying that seeking the Agong’s intervention would be the next course of action.  The letter was not sent yet as was earlier reported.  Read The Star here.

In a separate posting here, an alarming note rings.  It states that the BN may arrange some important meetings for the Agong out of country very soon.  If this is true, it can be seen as Act 2 to twart* PR’s plans with them walking to Istana Negara without the Agong present, like what the Bersih march ended the last time.  This is similar to Act 1 of sending some 50 odd MPs to Taiwan recently on an alleged agricultural study trip on tax payers’ expense.  We can be sure that our Agong is wise and knows how to handle this wisely.

In any case, Anwar only has two options and both ends with the Agong.  Anwar is placing everything in the Agung’s hands.  If Anwar doesn’t have the necessary support, would he even dare do this?  It is obvious that the stakes are now very high and approaching the Agong is his ultimate move.  We shall have to watch how the Agong will act.  Will he grant Anwar an audience is left to be seen.  It is urgent for sure!

On the other hand, Pak Lah may be forced to decline nomination for the Umno presidency before October 9, before the Umno sub-divisions make their nominations across a month.  If Pak Lah does that, he will have to handover to the new Umno President who will be elected in December.  If there is only one nomination, we will know the new PM even earlier.  But would Pak Lah come out to endorse Najib?  Or would Najib have to fight for the Presidency against Razaleigh?  Everything hangs on how the Umno division nominations shape up through November 9.

Now, if Pak Lah insists to run for Umno Presidency, Najib may be forced to choose to stand up to his boss.  Many fear that if this happens, it will break Umno apart.  Hence, the opposing forces within Umno is calling on Pak Lah to step aside now.  We shall see what resulted from the Umno Supreme Council Meeting which ended today.  Pak Lah knows who exactly is opposing him by now.  Let’s see what he will do.

These two tracks of events are taking shape even as we speak.  Who can get a resolution faster will gain the upper hand.  If Anwar gets to have an audience with the Agong and if Anwar truly has what he claims he has for forming the new Government, Anwar will win.  If Pak Lah steps aside and endorses Najib, perhaps that could signal a conciliatory note to close ranks within Umno and prevent any leakage of Umno MPs to Anwar’s side.

The coming days are unusual days for sure and time is of the essence.  The prize and price is high.  Who will win the day?  Only time will tell.

Daulat Tuanku!  Daulat Tuanku!  Daulat Tuanku!

* twart = to hinder or prevent

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Abstract of the article from The Sun (read here)

The King’s say in removing the PM

Scenario One:
A vote in the lower house takes place and motion is carried. Then the outgoing PM must inform the monarch that he has lost the confidence of the house. The PM then has a prerogative to ask for the dissolution of Parliament so that fresh elections can be held for him to test his mandate with the people.

The King then has to use his discretion at this stage. If he accepts, Parliament will be dissolved and the PM’s government will be appointed as a caretaker government. But if the King says no to dissolve Parliament, the PM must tender his resignation to cabinet. If he refuses to resign, it is implied that the King can sack him.

Scenario Two:
The King does not rely on a motion in the house but upon being satisfied that the PM no longer enjoys the support of the majority in the house, tells the PM to resign and replaces him with a candidate which he sees fit. If the PM refuses, it is implied in the Constitution that he can be sacked.

For your personal understanding, the relevant constitution notes are appended for perusal.  Enjoy!

Reference here

Although the Constitution (Article 39) accords the Yang di-Pertuan Agong with executive authority, subject to the provisions of any federal law and of the Second Schedule of the Constitution, Parliament may by law confer executive functions on other persons.

Except as otherwise provided for by the Constitution as regards his position and authority, the Yang di-Pertuan Agong usually acts in accordance with the advice of the Cabinet or more specifically, of the Prime Minister, in the exercise of his functions. However, the Yang di-Pertuan Agong is entitled to and at his request, any information concerning the government of the Federation which is available to the Cabinet.

Although the Yang di-Pertuan Agong is to act on the advice of the Cabinet or of a Minister or after consultation with or on the recommendation of any person or body of persons (other than the Cabinet), His Majesty may act in his discretion in the performance of the three following functions, that is to say:

  • The appointment of a Prime Minister;
  • Consent or the withholding of consent to a request for the dissolution of Parliament;
  • The requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honor and dignity of Their Royal Highnesses, and any actions at such a meeting.

The appointment of a person (a member of Parliament) as the Prime Minister is based on his ability to command the confidence of the majority of the members of the House of Representatives. The appointment of members of the Cabinet and Deputy Ministers is made on the advice of the Prime Minister.

Articles 39 and 40 of the Federal Constitution state that:

“39. Executive Authority of Federation

The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable subject to the provision of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but Parliament may by law confer executive functions on other persons.”

“40. Yang di-Pertuan Agong to act on advice

(1) In the exercise of his functions under this Constitution, or under federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government which is available to the Cabinet.

(1A) In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with that advice.

(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say:

(a) the appointment of a Prime Minister;
(b) the withholding of consent to a request for the dissolution of Parliament;
(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honour and dignity of Their Royal Highnesses, and any action at such a meeting,
and in any other case mentioned in this Constitution.

(3) Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or a body of persons other then the Cabinet to exercise any of his functions other than:

(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other Article.”

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One Comment to “The Agong – The King, The PM Maker”

  1. It’s time for a good change.

    Daulat Tuanku!

    Please save Malaysia.

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