Bar questions controversial clause in govt's MoU

The Malaysian Bar today expressed concern over a clause in the memorandum of understanding (MoU) recently signed by government parties, saying it appears "directly averse" to the anti-hopping bill to prevent MPs from switching camps. 

Referring to Clause 4 of the agreement, the Bar said it was premised on the respective constitution of each political party, as well as the party carrying out a party whip and/or taking internal disciplinary action should an individual member within its party not vote for the selected motion.

"This is where the problem lies," it added. "The deeming provision speaks of a 'resignation' or even a possible 'expulsion' in the event that the individual MP does not vote in favour of the confidence-related motions."

The MoU, signed on Dec 16, stated among others that all parties must support the prime minister in confidence motions or supply bills as well as in any other parliamentary procedure that could affect the continuity of the government.

It also said the onus was on the parties involved to ensure how their MPs vote, adding that MPs who vote outside party lines will be deemed as disqualified, and their seats declared vacant.

This came about three weeks after Anwar Ibrahim was named as prime minister, following days of political stalemate in the aftermath of the 15th general election, where none of the major coalitions secured the simple majority needed to form the government. 

In its statement today, the Bar said the MoU appeared to be a "hybrid" between a confidence and supply agreement and a coalition agreement. 

"A confidence and supply agreement is where a minority government is formed and other political parties form an arrangement with the chosen party to govern the country, where there is an assurance of support for confidence of the government of the day on motions relating to important motions such as a confidence vote and budget motions, in exchange for certain other policies pushed by the joining political parties.

"As the current MoU is made up of political parties that do not have a firm registered coalition party, the MoU therefore falls short of a full-blown formal coalition agreement to see through a five-year plan of common policies.

"From the legal perspective in situations faced by the growing political democracy in our nation, values such as loyalty, goodwill and political stability can be achieved without compromising compliance with the rule of law — ie. adherence to Article 49A of the Federal Constitution," it added, referring to the law barring MPs from switching parties. 

Article 49A states, among others, that an MP will remain as a member of the Dewan Rakyat if he is expelled from his party.