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SLS: MP from any state can be the Prime Minister
Published on: Tuesday, June 30, 2020
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Photo Source: SLS Website.
Kota Kinabalu: It has always been constitutionally conceivable that a Member of Parliament (MP) from any state in Malaysia be appointed as the Prime Minister, said Sabah Law Society (SLS). 

Its President Roger Chin said this would be in line with aspirations for national integration as envisaged by the Federal Constitution.

“It must be emphasised that the question of the appointment of the Prime Minister is the prerogative of the Yang di-Pertuan Agong and that would only arise where the sitting Prime Minster resigns or loses a vote of no-confidence motion in Parliament and/or there is a dissolution of Parliament,” he said in a statement, Sunday.

Shafie


Chin was responding to reports on the selection of Datuk Seri Mohd Shafie Apdal as the PH Plus’ candidate for Prime Minister in the event of a snap election.

He explained that Articles 40(2)(a) and 43(2)(a) of the Federal Constitution lay out the discretionary process of appointing a Prime Minister by the Yang di-Pertuan Agong.

“The preconditions are that a PM must be an MP who is likely to command the majority of MPs in the Dewan Rakyat.

“The race, religion, region or gender of the nominee are not prescribed by law and therefore a candidate MP for the post of Prime Minister can come from any race, religion, gender or state in Malaysia, including Sabah and Sarawak.

“The Prime Minister-designate need not belong to the largest party in a political coalition…the Federal Constitution does not stipulate that a Prime Minister must be the leader of the largest political party or of a recognised coalition. 

“In fact, the Federal Constitution does not refer to political parties and, therefore, the majority MPs need not all belong to the Prime Minister’s party or a coalition,” he said.


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