SHAH ALAM – Prime Minister Datuk Seri Anwar Ibrahim will face a tough challenge in the vote of confidence motion as the Anti-Party Hopping Act does not apply in the process.
Former minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said it enabled Independent MPs to vote and Anwar needed to obtain at least 112 votes.
He said the implication of the motion was that the Tambun MP would be morally forced to resign if he lose the vote.
"In the matter of voting on the motion, MPs were not bound by the Constitution (Amendment) Act (No.3) 2022 (Act A1663) that prohibited MPs from changing parties.
"That’s because they’re still party members and maybe their views go against the party only. So, if the party was dissatisfied, they will be taken to the disciplinary board and may be fired however, they will remain as an MP.
"In the act we passed, we had discussed this in depth. It only involves MPs that hopped parties, unless that person was independent and joins the party it would be considered as party hopping as well.
"MPs are also voting individually and confidentially without going through party blocs,” he said when contacted by Sinar on Friday.
When asked about the motion process Wan Junaidi said at the time in the Dewan Rakyat rules, there was no vote of confidence or no confidence to any prime minister or government.
However, if the motion was brought by the government, any minister could propose it towards the prime minister in the Dewan Rakyat.
"It will be a government motion and a short notice must be given to the Parliament within a few days before the conference.
"When the notice comes in and notified to the Speaker, it could be expedited and brought to Parliament.
"After that the motion will be debated and followed by a split vote and we will see if it gains a majority support or not.
"The question of whether a person is qualified to be the prime minister does not involve a motion of no confidence with the government but only the prime minister. The prime minister’s motion must gain over 111 votes, which is half of the 222 Parliament seats, meaning a minimum of 112 votes.
"It is not based on the number of majority present in the Dewan Rakyat but the majority that exists in the constitution which is 222 seats,” he said.
He said the prime minister’s confirmation meant that Anwar must have the majority support in the Parliament at that time and not based on the number of people present.
"If there were 100 people there at that time, no vote could be done. The MPs who were absent are counted as not voting or abstaining.
"The voting process must have enough members.
"If the attendance in the hall is exactly 112 it meant that everyone present must vote for Anwar as the prime minister, then it would be validated,” he explained.