Muhyiddin, if appointed, will be challenged in court if no support for him in front of Agong

Prime Minister . . .

The Agong shall call upon an MP who in his opinion is LIKELY to command the confidence of the majority of the Dewan Rakyat, to be appointed PM.

Headcount . . .

In law, once the Agong or court has made a decision after the procedures, processes, and appeals have been completed, there’s closure,
and All must accept and respect the decision.

Muhyiddin, if appointed, will be challenged in court if at least 111 MPs do not turn up at the Istana to pledge support for him in front of Agong.

Muhyiddin’s MPs should assemble to one side at the Istana, behind him.

Mahathir’s MPs should assemble to one side at the Istana, behind him.

Agong can do a headcount. The Istana staff can assist him with an AirAsia passenger counter.

The public perception is that Agong was in too much of a hurry to give Muhyiddin the benefit of the doubt and declare that he had or was likely to have majority support in the Dewan Rakyat.

Any appointment based on fraudulent claims does not inherently exist in law, has never existed, and ceases to exist if it existed.

If Muhyiddin is sworn in on Sun 1 Mar, all is “lost” if there’s cause for action and the matter is not taken to court, as Parliament will not allow confidence motion.

Any motion must comply with three criteria: specific; a matter of public concern and interest; urgent.

The Speaker can say that Parliament has no provision for a confidence motion, whether for or against.

It can be argued that even if there’s no provision for a confidence motion, surely a no confidence motion can be introduced.

In that case, the Speaker can say that gov’t business must come first, and tuck the confidence motion at the bottom.

Parliament can be adjourned after gov’t business is concluded.

PH can only defeat Muhyiddin on gov’t Bills.

The only way to have a snap election is for PH to defeat Muhyiddin on gov’t Bills.

There’s no other way.

Agong will not dissolve Parliament in the immediate future.

It’s an old trick, trying to hijack the gov’t.

In the past, the sultan/Governor/court went along.

Now, apparently the Istana as well has been persuaded to jump on the hijacking bandwagon.

Sun 23 2020 was a coup attempt, Sun 1 Mar 2020 will be brazen hijacking of the gov’t.

I am the Last Prophet on Politics.

I dreamt the Archangel Gabriel spoke to me in a cave and later God spoke to me from a burning bush.

Then, the heavens opened and the loud voice of God boomed: “Hear him, my beloved son (me), in whom I am well pleased.”

Received by whatsApp . . .

From an uninformed outsider, how did Agong get from “no one commands majority” (speaking to practically all MPs) to Muhyiddin commands majority (just speaking to heads of parties)? Very sad turn of events.

My COMMENT: This unknown person is right.

If I was Agong, I would clarify the alleged contradictions in the three statements from the Istana.

Istana issued three specific statements in as many days.

1st . . . no one has majority based on interviews of MPs (they filled in forms)

2nd . . . party leaders will be asked to submit their names for PM.

3rd . . . Muhyiddin has majority.

1st and 2nd/3rd is a contradiction in terms.

Sarawak . . .

GPS of Sarawak is not in coalition with Muhyiddin & Co.

It can only support him in Parliament, not outside en bloc.

The GPS MPs cannot be added to Muhyiddin’s figures.

When PH was in Putrajaya, GPS declared themselves PH-friendly.

They were not part of the gov’t in Putrajaya.

On the Article 1(2) amendment, GPS voted against PH.

Karma is neutral . . .

Sarawak Kalong Ningkan 1965

May 13, 1969

Sabah 1976/1984/1985/1994/
2018

Perak 2009

KL 2018/2020

The moral of the story: the sultans, Governors and Agong should remain above the fray.

If anyone comes clutching SDs, after the head of gov’t has been appointed, pretend to be deaf, dumb and blind, don’t open the Istana gates, and instead point in the direction of Parliament.

A gov’t need not have simple majority, it does not exclude minority gov’t.

The real test for the gov’t will come when gov’t Bills are presented in Parliament (or state assemblies).

If a particular Bill is defeated three times in a row, and the same fate awaits other Bills, the head of gov’t and Cabinet must resign. The head of state can then call upon another lawmaker to try and put together a gov’t.

If he, or she, too fails, then the head of state is duty bound to consent to the dissolution of the legislature, whether advised to do so or otherwise, by the head of gov’t.

Federal gov’t . . .

It does not matter who forms the Federal gov’t in Putrajaya.

What’s important is a strong Opposition in Parliament i.e. no two thirds majority for the gov’t party/coalition.

Borneo MPs — represented in four Ministeries only — defence, internal security, foreign affairs and Malaysian Common Market — must otherwise remain neutral, and support the gov’t or otherwise on a Bill to Bill basis.

Local gov’t elections must also be brought back since most development is at the local level.

Taxes must be levied only at the local gov’t level.

The Sabah and Sarawak state assemblies must Invoke Article VIII of the Malaysia Agreement 1963 (MA63) for a new form of self-determination.

Malaysia Day, 16 Sept 1963, was one form of self-determination but the Federal gov’t has been in non-compliance on MA63.

The continuing debate in the social media on MA63, having degenerated into rhetoric and polemics, is not the way forward.

The Narrative must be controlled.

Read further . . .

https://www.nst.com.my/news/nation/2020/02/570443/new-sds-made-after-agongs-decree-do-not-hold-water

This is just opinion.

Opinion is not law.

http://www.sarawakreport.org/2020/02/how-did-pm8-make-his-numbers/

https://www.malaymail.com/news/malaysia/2020/02/29/report-dr-ms-daughter-brokered-ph-talks-that-resulted-in-his-pm-candidacy-t/1842178

https://fernzthegreat.wordpress.com/2020/02/28/borneo-mps-should-nominate-jeffrey-kitingan-to-be-pm-or-remain-above-the-fray-in-malaya/

If I was Agong, I will appoint Anwar as minority PM or dissolve Parliament for snap elections.

This man cannot be denied forever. He won’t give up. Agi idup agi ngelaban. Lawan tetap lawan.

https://www.malaymail.com/news/malaysia/2020/02/29/official-dr-ms-full-list-of-114-mps-backing-him-for-pm/1842276

Can the King change his mind?

In civil matters, the party affected would have to take action in court.

The state cannot get involved.

Received by whatsApp . . .

[01/03, 08:29] FSAF:

The king made a mistake – taking a census of MPs in the privacy of the palace –

Then a census from heads of parties –

Which candidate commands a majority
should only be determined in Parliament –
Then everything is recorded in the Hansard –

[01/03, 08:29] FSAF:

If he is sworn in and announces his cabinet there will be chaos.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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