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Opposition meet with new PM 'much ado about nothing'

In law, the BN+ gov't has no legitimacy as it doesn't have the consent of the governed. PH participation in a "unity Cabinet", as decreed by Yang Dipertuan Agong, would restore sovereignty to the people.

Joe Fernandez (The Jakarta Post)
Kota Kinabalu, Malaysia
Fri, August 27, 2021

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Opposition meet with new PM 'much ado about nothing'

M

em>Much Ado About Nothing is a comedy by William Shakespeare, thought to have been written in 1598 and 1599, according to various sources in cyberspace. The play was included in the First Folio, published in 1623.

The title's play on words references the secrets and trickery that form the backbone of the play's comedy, intrigue, and action.

The title of Shakespeare's play keeps the meeting that three Pakatan Harapan (PH) leaders had on Wednesday with newly-minted Prime Minister Ismail Sabri in a nutshell.

The one hour meet was "Much Ado About Nothing" unless Sabri remains in immediate danger from his own coalition and PH made a "strategic" to "save" him without putting too much pressure on him.

Opposition leader Anwar Ibrahim, in setting the tone for the meeting, recalled perhaps "tongue in cheek" that most of the parties in the ruling Barisan Nasional (BN) Plus have taken an extreme "no Anwar, no DAP in gov't" policy.

The meeting was called in the wake of the prime minister offering to include the opposition in the National Recovery Council (NRC) and the Special Committee on COVID-19 (SC).

The opposition did not mention the offer during the meeting. The Democratic Action Party (DAP), based on media reports, appears willing to consider joining the NRC and the SC.

PH did not ask for opposition lawmakers to be included in a "unity Cabinet" including a senior ministerial post for the opposition leader. Anwar told the media after the meeting that he doesn't want a senior ministerial post.

There's no shame in accepting a "unity Cabinet", albeit without a "unity government", considering that the ruling Barisan Nasional (BN) Plus governmet has only 114 seats in Parliament vis-a-vis 106 seats held by the opposition. It can be said that half the Cabinet posts "belong" to the opposition.

BN lost the general election on May 10, 2018 to PH. In law, the BN+ gov't has no legitimacy as it doesn't have the consent of the governed. PH participation in a "unity Cabinet", as decreed by Yang Dipertuan Agong, would restore sovereignty to the people.

In retrospect, in appointing Sabri as the ninth prime minister, the Agong decreed that "the winners can't take all, the losers won't lose all".

Briefly, the opposition leader pledged during the meeting that the PM would not have difficulties with the looming confidence motion in Parliament if the government pursued pro-people policies and managed the pandemic well.

If Sabri would not have difficulties with the confidence motion, at least from PH which has 89 seats, it serves no purpose if the motion is tabled. The Agong decreed "the Prime Minister must put his majority to the test in Parliament through a confidence motion as soon as possible".

Sabri would have felt doubly assured if PH had offered a Confidence and Supply Agreement (CSA). There was no such luck. It can still happen as there's much support within DAP for it. Amanah will come along. Anwar's PKR may not support a CSA. In that case, DAP may not decide to swim or sink with Anwar, if not the People's Justice Party (PKR).

There were no details during the one-hour meeting with the prime minister.

The demands imply that the predecessor Muhyiddin Yassin government did not focus on the two aspects. It was the previous government that set up the SC, had over 50 percent of the population fully vaccinated by Aug. 16, and set up the NRC. In fact, Labuan has achieved almost 100 percent double vaccination, Kuala Lumpur over 85 percent.

The vaccination rate in Malaysia allows the country to start living with the virus as in Singapore, Israel and the UK, among others.

Of course, there are other countries like Australia (24 percent fully vaccinated) and New Zealand (20 percent fully vaccinated) which may have other ideas on managing the pandemic.

For the sake of comparison, about 71 percent of the population in the US has been fully vaccinated.

The joint statement by the trio was partly a copy paste version of "Muhyiddin's conditions" before casting Perikatan Nasional's (PN) 50 votes for Sabri on Aug. 20 at the Istana. The joint statement mentioned strengthening Parliament, judicial independence and institutional reforms for governance.

Muhyiddin wants the Cabinet to be free of lawmakers facing charges in court.

Further, the PN wants the new prime minister to abide by the Doctrine of Separation of Powers, respect the independence of the judiciary, uphold the Federal Constitution and run the Cabinet on the consensus principle i.e. no voice against.

Both IS and PH did not discuss the 7-Point Plan that Muhyiddin offered the opposition before resigning on Aug. 16.

Briefly, these have been reported as senior ministerial perks for the opposition leader, anti-defection bill, lawmakers get equal allocations, balanced representation in Special Parliamentary Select Committees, voting rights for those who have reached 18 years, discussion of bills with the opposition, and the next election by July 2022.

It has been reported that there's significant support within DAP for the 7-Point Plan. The party, and Amanah, can still make it part of a CSA with Sabri. If DAP, with 42 seats in Parliament, had accepted the 7-Point Plan before Aug. 16, Muhyiddin would not have resigned as prime minister.

There's considerable fear in opposition circles, and the social media, that the UMNO Supreme Council would prevail on the prime minister on charges facing several UMNO leaders in court.

Under this nightmare scenario, the attorney general would ask the court concerned to vacate the dates on the grounds that "there have been some new developments on the case".

If so, the court should ask for the details on the so-called new developments. If the AG can't answer, the court should proceed with the case.

If the new developments involve a letter of representation by the accused, the court will fix a date to hear the letter i.e. if the AG is going to accept it.

Generally, if the AG accepts a letter of representation from an accused, he would recommend discharge not amounting to acquittal (DNAA). The court can either accept the recommendation or substitute it with discharge and acquittal (DNA) if it feels that "it would be unfair to have the charges hanging over the head of the accused".

Under Article 145 (3) of the Constitution, "the Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court or a court-martial".

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The writer is a longtime Borneo watcher and legal scholar (jurist).

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