Why resort to unconstitutional means, Muhyiddin asks Anwar after MoU compelling MPs

Perikatan Nasional (PN) chairman Muhyiddin Yassin has slammed the memorandum of understanding (MoU) signed by party chiefs to ensure the continuity of Anwar Ibrahim's coalition government, describing it as unconstitutional and proof that the prime minister is not confident of the support he claims to have among MPs. 

"If he is confident, there is no need for him to resort to this unconstitutional measure," he said, referring to a controversial clause in the MoU compelling the MPs of the signatory parties not to vote against the government.

Yesterday, Anwar led leaders from Pakatan Harapan, Barisan Nasional, Gabungan Parti Sarawak, Gabungan Rakyat Sabah and Warisan in signing an MoU designed to ensure that his coalition government remains in power.

It includes among others a clause that any MP who does not support government motions will be deemed as disqualified, and their seat declared vacant for a by-election.

The MoU, which came ahead of a confidence vote on Anwar next week, also states that the onus is on the parties to expel any MP who votes outside of party lines.

The clause has been met with criticism for usurping MPs' right to vote according to conscience, as well as over concerns that it is in violation of the anti-hopping law which clearly states that an MP will not lose his seat if expelled from his party.

Muhyiddin said there was nothing in the constitutional amendment of Article 49 related to the anti-hopping law that prevents MPs from voting individually.

"There is nothing in Article 49A of the Federal Constitution that requires an MP to vacate his seat if he does not comply with party instructions in voting on any motion or bill," he added.

He cited a parliamentary select committee report on the anti-hopping law which states that MPs who diverge from their party line cannot be regarded as having switched sides.

"The committee agrees that the action of an MP in the Dewan Rakyat of voting contrary to the instructions of his political party (crossing the floor) is not considered as party hopping and he does not cease to be an MP," the report by the committee had said.

Muhyiddin said going by Anwar's claim that his govermment has a two-thirds majority, MPs affected by the MoU would be forced to support any amendments to the constitution. 

"If this dictatorial MoU is considered valid, it is not impossible that constitutional amendments that are against the conscience of MPs and the values of society in this country will be passed by the Dewan Rakyat by force.

"Malaysians certainly do not want elections that were held in a free, fair and democratic manner ending up with an undemocratic government," he added.