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Why Pakatan Harapan is officially over and this fits exactly into the constitutional framework. An excellently well crafted move by Mahathir and his legal experts:
1) PM resigns. Under a collective reading of Art 43 of the Federal Constitution the entire Cabinet is also dissolved. All cabinet ministers must also resign.
2) PPBM has officially announced its withdrawal from PH. Together with that is the sacking of PKR members such as Azmin and Zuraida. PH no longer commands the confidence of the majority of the House.
3) Hence the ball goes back to the King. The King pursuant to Art 43(1) of the FC must now conduct a re-evaluation of who commands the confidence of the majority.
4) The Sheraton move seemed to show that there’s now a conglomerate of MPs who would make up a majority on an entirely different basis. This majority can now support a new PM that must be taken cognisance by the King in the appointment of the PM.
5) Tun M seems to continue to command the confidence of House. If that’s the case then the King has no choice but to appoint him as PM again. Anwar’s PKR continues to be the biggest political party in parliament but the constitution provisions don’t work this way. It recognises only the PERSON who commands the confidence of the House and it is up to him to form a government by virtue of appointing cabinet members.
6) Anwar must not call for dissolution of the House. He will lose hands down. He should instead: (a) get his numbers – by convention the King would first consult him as to whether he has the numbers being the leader of largest political party of the House. There is a rumour that GPS does not stand with Tun M that was why no PC was called yesterday. Anwar must consolidate on this within the next hour or so. Strike while the iron is hot.
(b) if he fails, then Tun M or his nominee would be PM – backed by the unholy alliance of UMNO and PAS. He must then go to court immediately to seek an order for the process to be stayed – on the basis that by convention the people voted in the one particular coalition and rejected another. To now appoint the same person as PM backed by a different basis would run contrary to this democratic convention, rendering the electoral process illusory.
Note that Constitution Conventions have legal force as recognised by the Court of Appeal in Zambry v Nizar (affirmed by the Federal Court) and the Federal Court in Sandah’s case.
It is now up to Anwar to thread carefully to prevent an upheaval. Get the numbers – if not, go immediately to court.