17-1-2024 (KUALA LUMPUR) Allies of Malaysia’s Prime Minister Anwar Ibrahim are considering a Fixed-Term Parliamentary Act (FTPA) to prevent potential defections and ensure the stability of the ruling coalition throughout its full five-year term. Concerns have been raised by the opposition and analysts, criticizing the plan as undemocratic.
Recent discussions about defections to the opposition gained momentum after a revelation on December 30, suggesting a plot to overthrow Prime Minister Anwar’s administration, referred to as the “Dubai Move.” In response to potential defections, Deputy Prime Minister Zahid Hamidi proposed the FTPA on January 13, aiming to prevent a change in the sitting government until the next general election or the completion of its five-year term.
While the proposal awaits an in-depth study, de-facto Law Minister Azalina Othman Said defended the idea, citing other countries that practice fixed-term parliaments to ensure stability and prevent coup attempts. The politically fatigued public, witnessing multiple prime ministers between 2018 and 2022, seems supportive of measures to bring stability.
However, critics argue that existing rules, such as confidence votes in Parliament, already provide mechanisms for the government to demonstrate support. Professor Kartini Aboo Talib expressed skepticism, stating that Malaysia does not need the FTPA and that too many rules could suffocate democracy.
Opposition MP Takiyuddin Hassan voiced concerns that the FTPA might enable a government to stay in power despite losing majority support, contradicting constitutional principles that mandate a resignation in such situations. Constitutional expert Daniel Abishegam warned against prioritizing pragmatism over the Constitution, highlighting the potential risks of the proposed law.
Prime Minister Anwar Ibrahim downplayed the proposal on January 16, stating that it is not a priority for his government. Despite the government currently enjoying substantial support, the FTPA would require constitutional amendments, demanding the backing of two-thirds of MPs.
The debate on fixed-term parliament also prompted discussions about the widespread use of statutory declarations (SDs) in affirming support or declaring party switches. Calls for legislation to regulate SDs in political scenarios have emerged, addressing concerns about their role in destabilizing governments.
Daniel Abishegam suggested a law to limit the use of SDs for toppling governments, emphasizing the need for a vote of no confidence in Parliament as the primary mechanism for changing administrations. The proposal continues to evoke democratic concerns, prompting a careful examination of its implications for Malaysia’s political landscape.