PETALING JAYA: Perikatan Nasional Youth has filed a police report against the unity government claiming that the memorandum of understanding (MoU) signed by the five coalition partners is unconstitutional.
PN Youth chief Ahmad Fadhli Shaari also said the MoU is not a collaboration agreement but instead an illegal pact that stifles and damages parliamentary democracy.
“The cumulative effect of the provisions of the MoU requires all MPs from Pakatan Harapan, Barisan Nasional, Gabungan Parti Sarawak, Gabungan Rakyat Sabah and Warisan to vote based on the way intended by Anwar Ibrahim so that he could get adequate support to continue becoming the prime minister.
“This MoU is illegal and against the law since it is restrictive and is an affront to parliamentary democracy, which is the basic principle of the Malaysian government based on constitutional monarchy,” he said in a statement.
Fadhli, who is also the Pasir Mas MP, said the MoU goes against Article 10 of the Federal Constitution, which guarantees freedom of speech, association and assembly.
He said the agreement is also against Article 43(a) of the Federal Constitution, which requires the prime minister to gain the support of the majority of the MPs and not through an MoU which deprives the MPs of their freedom to vote according to their conscience.
“Therefore, PN Youth believes that this MoU is illegal and invalid, based on Sections 24 and 25 of the Contract Act 1950, since its objective is to damage parliamentary democracy, clashes with public policies and is not permissible under the law.
“We filed this report to stop the acts of the leaders from PH, BN, GPS, GRS and Warisan in depriving the basic rights of MPs guaranteed under the Federal Constitution,” he added.
The police report was lodged by the PAS leader at the Dang Wangi police station together with Bersatu Youth leader Wan Ahmad Fayhsal Wan Ahmad Kamal, who is also Machang MP.
The MoU was signed by Anwar, together with BN chairman Ahmad Zahid Hamidi, GPS chairman Abang Johari Openg, GRS chairman Hajiji Noor and Warisan president Shafie Apdal on Friday.
The MoU has a clause, Article 4, which stipulates that MPs in the unity government who fail to vote or support the prime minister in motions like confidence votes, supply bills or procedural motions relating to the federal government’s stability would be deemed to have resigned from their elected seats.
As a result, the MP’s seat will be vacated in accordance with Article 49A (1) of the Federal Constitution, and the MP’s party must notify the Dewan Rakyat Speaker of the vacancy for a notice to be given to the Election Commission to hold a by-election.