PETALING JAYA: A law to ensure the government of the day serves out its full term could put an end to constant attempts to topple the government, but risks allowing abuse of power and corruption to thrive, say analysts.
A Fixed-term Parliament Act (FTPA) to ease public anxiety over such attempts was recently proposed following the three changes in government seen since the 2018 general elections, and most recently, the purported plot dubbed the “Dubai Move”.
However, some experts warn that a government and a prime minister who are able to rule unchallenged for five years could be tempted to abuse their authority to stifle dissent and shield the corrupt.
Political scientist Prof Dr Awang Azman Awang Pawi said democratic freedom has its limits because political stability can be undermined and cause anxiety among Malaysians if they see Opposition leaders constantly playing politics.
“They (Opposition) should wait until the end of the present government’s term and the next general election,” he said.
The Universiti Malaya professor said the government must first prove that it has the majority in the Dewan Rakyat before such a law can be tabled.
Constitutional and administrative law lecturer Prof Dr Nik Ahmad Kamal Nik Mahmood said constitutional amendments will need to be made, particularly about how Parliament can be dissolved, if an FTPA is enacted.
The FTPA, he said, should also take into account a situation where the government loses majority support.
“In such a situation, a motion of no confidence can be presented.
“If the prime minister loses a vote of no confidence, the PM can advise the King to dissolve Parliament, and Parliament can be dissolved with the consent of the King,” he said.
With an FTPA, the King could lose his prerogative power to reject the prime minister’s advice to dissolve the Dewan Rakyat, he added.
“The new provision will state that the Dewan Rakyat can only be dissolved when the fixed term of Parliament has come to an end.
“The dissolution process would proceed as usual, with the prime minister advising the Yang di- Pertuan Agong to dissolve the House, and the King consenting to the dissolution of Parliament.
“The power to dissolve the Dewan Rakyat must remain within the prerogative power of the King,” he said.
The United Kingdom, Prof Nik Ahmad Kamal added, had a similar law as the FTPA in 2011, but it was repealed in 2022.
Although the law had been proposed before, Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi gave further credence to the idea on Jan 13 when he was responding to talk of the Dubai Move.
It was alleged that certain Opposition leaders were attempting to buy over enough government MPs to deny the current administration a simple majority in Parliament for its mandate to rule.
Prof James Chin, however, said an FTPA goes against democratic principles.
“This is a really awful idea.
“Not only does it go against democratic principles, but it will also strengthen power abuse and corruption,” said the professor of Asian Studies at the University of Tasmania in Australia.
“You are more inclined to misuse your authority and do funny business if you know that you will never be able to lose power in the next five years.
“Please do not even contemplate this for the good of the nation,” he posted on X, formerly known as Twitter.
Nusantara Academy for Strategic Research senior fellow Azmi Hassan said if the proposed FTPA is “done correctly”, it can provide political stability because the present system of forming the government with a simple majority is being abused by politicians.
Another solution, he added, is for Malaysia to directly elect the prime minister, similar to what is practised in Taiwan.
“In Taiwan, they undergo presidential and legislative elections, like in Indonesia and other countries.
“If the PM is elected by the voters, then it will ensure the PM will finish his term, with or without the FTPA. It is better to give voters direct responsibility in choosing a PM.
“Then there will no longer be the issue of the government ending its term prematurely,” said Azmi.
