To What Extent Can Or Should The Ydp Agong Involve Himself In The Process

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 After issuing two letters within about 24 hours I assume the Istana will not be issuing anymore reminders for cut off times and cut off dates for the formation of a government. 
The meeting between the YDP Agong and the two largest coalition chiefs today did not inspire the formation of a government either.

Here is some news:



PN chairman Muhyiddin speaks at PC after audience with YDP Agong 
 
After meeting Anwar and Muhyiddin, Agong to call 30 BN MPs
November 22, 2022 
No decision on PM after palace audience with Anwar, Muhyiddin
Muhyiddin revealed he refused proposal PN join hands with PH
"I was asked to sign a document if we agreed. I signed, but said 'do not agree'.
"That is a stand we have taken," he said.Muhyiddin also showed official proof of receipt from palace of 115 Statutory Declarations showing he had majority support to form government.

That is why we were confident that we could form the government. 
But as you know, we were told it was not sufficient. 
I don't know the reasons behind this. 
But this is the proof
"As such, Tuanku proposed that we join forces with PH to form a unity government.
"But on whatever basis, we will not agree to it."

My Comments :
If Tan Sri Muhyiddin has 115 Statutory Declarations of support from 115 MPs that is indeed above the minimum threshold of 112 MPs needed to form the government. 
Of course this is as per media reports. If this is true perhaps the Istana should clarify what are the reasons for not accepting the 115 SD's? The following statement by TSMY:

But as you know, we were told it was not sufficient. 
I don't know the reasons behind this
is quite serious.
The magic number has always been support from a minimum 112 MPs for one of them to be appointed the Prime minister and thereafter to form the government. 
Article 43  (Federal Constitution)

(1) The Yang di-Pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) The Cabinet shall be appointed as follows, that is to say -

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

Article 43 of the Federal Constitution declares that the YDP Agong shall appoint an individual Member of Parliament  (the House of Representatives)  as the Prime Minister.
The YDP Agong does not invite leaders or representatives of political parties or coalitions. (Just in case some superman Independent MP or Bebas MP is appointed prime minister one day). The Constitution says the YDP Agong shall appoint an individual Member of Parliament as PM. 
Hence the reported statement above :   "Muhyiddin revealed he refused proposal PN join hands with PH"   still does not resolve the issue of who shall be Prime Minister. Because Article 43 says that the YDP Agong  "shall first appoint a Perdana Menteri (Prime Minister)".  
If indeed it was suggested that PN and PH join hands, then who shall be 'first appointed'  Prime Minister? This part of the equation is not known to us.

The report above also says that "After meeting Anwar and Muhyiddin, Agong to call 30 BN MPs"

This meeting with the 30 BN MPs is supposed to begin at 10:30 am tomorrow, Wednesday 23 Nov 2022 at the Istana (I assume). 
I am sure the YDP Agong will meet the BN MPs privately, one by one, out of the hearing and eyesight of the others, so as to better inspire their honest responses. 
But another matter crops up. Azalina Othman (a former Law Minister herself) says that if UMNO MPs do not toe the party line (over whichever coalition they choose to support or not support) they can be kicked out of the party as well as lose their Parliamentary seats. This is as per Azalina's understanding of the really weird Anti Hopping Law.
Who exactly determines what exactly is the party line is not defined and of course the Anti Hopping Law cannot define it either. Meaning such things may be challenged in Court in lieu (or in view) of the cows not coming home at all. It will take forever to resolve. 

Others like UMNO's Annuar Musa may not agree with Azalina. 
But if Azalina's interpretation is correct then does that not make the YDP Agong's meeting with the 30 individual MPs tomorrow rather academic?  
As an example only, what if at tomorrow's meeting :
i. 10 UMNO MPs tell the YDP Agong 'I support this person for PM' while 

ii. 17 other UMNO MPs tell the YDP Agong  'I support that other person for PM' ? 
Will either of the 10 or the 17 lose their Parliamentary seats if their choice does not toe the party line (as per former Law Minister Azalina's understanding of the Anti Hopping Law?)
Does this also mean that in future Malaysian Parliaments (5 years, 10 years, 25 years down the road) there can be no such thing as a "Vote of No Confidence" in a Prime Minister because any party member who votes 'No Confidence' in his party's choice of Prime Minister will be immediately stripped of his Parliamentary seat? (as per former Law Minister Azalina's understanding of the Anti Hopping Law?)
My own view is the Anti Hopping Law is not democratic at all.  It is a kuda liar type of legislation (wild horse legislation). 
In 2021 Holland formed a government after NINE MONTHS. In 2020 Belgium formed a government after 500 DAYS or over 16 MONTHS. 



We cannot wait NINE months. Neither can we force any MPs or parties to party together.
We may have to go for the other option ie to go back to the polls one more time.

Or we can ignore the Anti Hopping Law and let individual MPs make their own choices about who shall be PM.  
Article 43 
(2) The Cabinet shall be appointed as follows, that is to say -
(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House;
Our Federal Constitution is a superior document. 
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

By Syed Akbar Ali 

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