Undang-undang di Malaysia hanyalah adil dan saksama apabila Kehakiman, Polis dan badan Eksekutif berdiri di gelanggang Pakatan Rakyat.
Jebat Must Die - V Sivakumar's Constitutional Expert (full text)
Back in October 2008, Tommy Thomas (if it is the same person as above) was interviewed by The Nut Graph. This Constitutional expert reiterated time and time again in his interview that it is within the powers of the Monarchy to select who would be the Prime Minister.
Since the state constitution of Perak follows closely to the Federal Constitution, we can juxtapose what he is saying then to the situation we have now in Perak.
Among the pertinent points he said were:
“Then Abdullah would have to visit the palace and inform the king that he has lost the confidence of his own party, and so tender his resignation and the resignation of his cabinet. And the king will accept that.
When that happens, there is a vacancy in the office of the prime minister. At that point of time, the king has a free hand, because Article 43(2)(a) [of the Federal Constitution] — the appointing process — comes into play. The king can decide whether he calls the new leader of the Barisan Nasional (BN), which will be Najib; or somebody else who, in the king’s judgment, enjoys majority support in the Dewan Rakyat.”
“As outlined in Article 43(4), if Abdullah himself feels he has lost the majority support for whatever reason, including that he is losing support within Umno, he is entitled to visit the king [to do the following]. He can tell the king he wants to tender his resignation and that of his cabinet because he thinks he no longer enjoys the support of the majority of the lower house (the Dewan Rakyat), and ask for Parliament to be dissolved. And call [for] elections.
He is entitled to ask [which is one of his prerogatives as sitting prime minister]. But it is the king’s prerogative whether to say yes or no. The king can take into account the interests of the nation, economic factors, political turbulence, the fact that elections were held recently, the costs involved, etc. But the discretion is the king’s.”
“We are invited to interpret Article 43(4) which reads: “If the PM (JMD : in this case the MB) ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang diPertuan Agong dissolves Parliament, the prime minister shall tender the resignation of the cabinet.”
What we are trying to do is find out what is the intention of our founding fathers. That is what the task is all about. How do you interpret those words?
Who are the founding fathers? First, the five members of the Reid Commission — two members from the UK, one from Australia, one from India and one from Pakistan — the senior Commonwealth members. The other group of people are Tunku Abdul Rahman, Tun VT Sambanthan and Tun Tan Cheng Lock.
What we are trying to do is interpret their words, 43(4), with the intention they had in mind. Some legal experts have said it is limited to a poll, a vote of no confidence in the Dewan Rakyat.
My argument is that cannot be the intention because if it is so limited, then the language would have been something like this: “If the Prime Minister is defeated on a motion of confidence in the House of Representatives, then…” So you see the opening words of 43(4) and my imaginary version are very different…the actual wording is far more general, broad and wide, whereas the other is specific and limited to one method.
But the important thing is that it is the king’s satisfaction that matters. The king must be satisfied that the prime minister of the day no longer enjoys the confidence of the majority of the lower house. So what that means actually is that the king cannot act arbitrarily; there must be some objective facts, some proof, some reason for him to act.
How he goes about satisfying himself on this point is up to the king.”