Monday, 19 Oct 2020 11:54 AM MYTThe Speaker’s explanation in his September 29, 2020 letter in reply to Tengku Razaleigh Hamzah is pure sophistry — the use of clever but false arguments that deludes no one.
The government’s authority to govern is tested by votes on motions of confidence or no confidence or on certain substantive matters which if the government fails to secure support it will be difficult for the government to remain in office. In order for Article 43 of the Federal Constitution to operate, a motion of no confidence must take precedence over any government business. This is because the government has no authority to govern if it does not enjoy the confidence of the majority of the elected House.
It violates Article 4 of the Federal Constitution which provides as follows: “This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with the Constitution shall, to the extent of the inconsistency, be void.” The Speaker’s interpretation therefore does not pass the acid test of reasonableness and rationality.Fourthly, the Speaker’s interpretation impinges on the solemn oath taken by both the Members of Parliament and the Speaker himself to preserve, protect and defend the Constitution.
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