The 15th General Election in Malaysia on Nov 19 could result in a hung parliament – an outcome never before seen in the Southeast Asian nation.
As such, conversations are now zooming in on the role of the Yang di-Pertuan Agong, as specified in the country’s Federal Constitution, should such a situation arise.
A coalition needs to obtain a simple majority of 112 parliamentary seats to form a government. The three main coalitions in Malaysia are Barisan Nasional, Pakatan Harapan, and Perikatan Nasional.
Senior lawyer Datuk Seri Dr Jahaberdeen Mohamed Yunoos highlighted that Malaysia is unique, compared to other nations, on two fronts.
“We have a quasi-executive in the form of the Yang di-Pertuan Agong. He is not a figurehead, as clearly stated in the Federal Constitution,” said Jahaberdeen.
“Also, Malaysia has the Conference of Rulers. So, the Agong, upon consultation with his brother rulers, if he chooses to do so, can name the prime minister whom he thinks has the support of the majority, as stated in the Federal Constitution.”
Earlier this month, Israel conducted its fifth election in under four years. The Israeli government collapsed multiple times during the short span due to tiny margins obtained by the political parties during the elections.
Malaysia, meanwhile, has seen three prime ministers since 2018.
Pakatan Harapan (PH) won the last general election, eliminating Barisan Nasional’s (BN) six-decade rule. However, in February 2020, several lawmakers abandoned PH and joined forces with BN to take over Putrajaya.
In an unprecedented move, the Yang di-Petuan Agong, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, interviewed MPs privately and got them to answer several questions, including who would be the right person to lead the country.
This led to Tan Sri Muhyiddin Yassin being named the country’s eighth prime minister.
Al-Sultan Abdullah had met with his brother rulers before announcing Muhyiddin as prime minister. When Muhyiddin stepped down last year, the rulers also met again, before Datuk Seri Ismail Sabri Yaakob was named the nation’s ninth prime minister.
Jahaberdeen said it will be expensive and a waste of resources to re-do a general election if there is a stalemate in Malaysia on Nov 19.
“If the MPs cannot decide on who the prime minister should be, the Agong, as per the Constitution, can appoint one as he sees fit.
“That prime minister will then appoint a Cabinet. The members of that Cabinet need not come from the same political party. I think many people are not seeing this.”
When asked if Al-Sultan Abdullah should interview the MPs again, as he did before, Jahaberdeen said: “It is a constitutional, and wise thing for a King to do.”
“The MPs are the representatives of the voters and the act of interviewing the MPs is the Agong’s way of obtaining feedback from the rakyat.
“And let’s not forget that our country is a federation, and as such, the Agong should rightfully talk to the other rulers in the federation,” he added.
