17 January 2024

Will fixed-term Parliament be the way for Malaysia?...

 
How many of you out there are getting sick and tired of statutory declarations (SDs) being signed in support of a government, back-door governments, plots, and conspiracies of overthrowing a government “through constitutional means”? I will be the first person to put my hands up. In the last three, and now coming to four years, these terms are fast becoming something that triggers me tremendously.

When the Sheraton Move happened in 2020, I was very upset. But after reading about it, listening to experts speak, and asking many questions to people I felt knew more than me, I accepted that it was constitutionally allowed. As frustrated as I was because I felt that my vote was just invalidated, I accepted it anyway and told myself to just wait for the next election. 

However, it was quite interesting to see how everything progressed after that. After slightly more than a year, the Sheraton Move government, which Muhyiddin Yassin led, resigned and then a coalition happened which saw a new administration taking power led by Ismail Sabri Yaakob.

This coalition was interesting because they came into power via a memorandum of understanding between all the parties in Parliament, which was also known as a Confidence and Supply Agreement (CSA), to support the government and not challenge it so there would be a period of stability till the next general election. It worked out pretty well and there was a semblance of give and take between all.


Unity government...

Eventually, Parliament was dissolved, and a general election was called. After a very close election result and some negotiations, a coalition government was formed led by Anwar Ibrahim. Because of this coalition (or what Anwar calls a unity government), his administration seemed to have a supermajority, but I like to see it differently.

The Anwar-led government is more like a CSA whereby all the parties involved need each other to stay in power. Due to this, they would have to negotiate the best way for the government to move forward and satisfy as much of each party’s manifestos and agendas. They would all need to come to a compromise so they can govern effectively.

I don’t see this as a bad thing because everyone wins. They would all put their priorities on the table and decide which ones to work on. If anything were to happen that jeopardised the agreement, the parties in the coalition could call it out and, I guess, could also threaten to pull out. This would then lead to everyone losing power in the government. It seems like an effective check and balance contract.


But now, in the last few weeks, talk in the rumour mill has been rife about a plot or conspiracy to change the current government through SDs signed by MPs. Oh no, here we are back at it again! Can’t these politicians just relax and let the parliamentary term take its course? Just be patient and wait for the next general election if you want to challenge for power like how it is supposed to be.

All this is causing anxiety for the people of Malaysia because it reminds us all of that period between 2020 and 2022 when we saw our country having three prime ministers in two years. We were unsettled and the country was unstable. Governing and administration of the country weren’t being done effectively because everyone was just busy politicking and jostling for power. None of us want that to happen again.


Fixed-term Parliament...

So now a new law is being discussed that will put in place a fixed term Parliament. This would mean that general elections have set dates, fixing the length of a government’s term to be in power. No snap elections or dissolution of Parliament can be called before a term ends (of course there would be exceptions to this, such as a vote of no confidence in Parliament).

Several countries do implement this - Australia, Norway, Sweden, and the United States all practise some sort of law that makes sure that an administration in power serves out its full term. The United Kingdom implemented a law like it too in 2011 but it was repealed in 2022. All the comments and talk about having a fixed-term Parliament in Malaysia recently seem to point to the UK as a model.

I like the idea of implementing a law that would prevent the changing of a government through unethical, but lawful, methods. I thought that when the Anti-Hopping Law was enacted in 2022, it would solve the problem, but I guess I was wrong. It seems politicians can always find loopholes, but that is the case for any law and that’s why we have a Parliament where elected officials can debate, create, and change laws.

But just like in any new law, it needs to be studied and drafted very carefully before it can be tabled. As much as I want a law to prevent actions like the Sheraton Move from happening, I also have certain concerns, especially on the concentration of power if there is a fixed-term Parliament. There needs to be elements in the act that will prevent too much concentration of power from taking place.


I like the fact that any government in power should not be too comfortable because that would mean they can always take advantage of the situation. There needs to be a bit of insecurity among those in power so they will constantly keep on their toes so as not to be voted out when their term is over. Mark the words that I used - “voted out” and not manoeuvred out.

With that being said, the insecurity shouldn’t be so significant that the government becomes unstable because, as we have discussed above, this can lead to wrong priorities being formed and the country will lack proper governance. There needs to be a good balance so that power can be kept in check. I think a coalition government that is formed through a CSA has been the most effective so far.

Whatever it is, I am in favour of a fixed-term Parliament being discussed and debated by the people and lawmakers. If there is currently a plot to replace the government, this new law will not be enacted in time to prevent it (if it was, I would highly doubt the stability of the law), but at least if it is done right, it can prevent more Sheraton Moves from happening in the future.

As for the rumours about a plot and SDs to pull out support for the current government, I hope that it isn’t true. I’m sick and tired of all this back-door play even if it is not illegal. Our politicians just need to grow up and mature otherwise they will be voted out of power. But the funny thing is, we all keep saying that but after how many general elections, these politicians are still there. Now what does that say? - Zan Azlee





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cheers.

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