Mahathir needs to take over as DAP’s leader immediately
It is now too late for PPBM to save the day by forging the minutes of the branch and division meetings, like how Mahathir forged the 1.3 million signatures on his Citizens’ Declaration. So, the only option left is for Mahathir to quickly get registered as a DAP member and officially take over as DAP’s leader. Short of that, Mahathir will not be able to get sworn in as the Prime Minister if Pakatan Harapan wins the general election.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Not long after Tun Dr Mahathir Mohamad said he does not mind contesting the next general election on a DAP ticket, Muhyiddin Yassin says there is no way PPBM can comply with the 28th February 2018 letter from the Registrar of Societies (RoS). The RoS letter gave PPBM until 30th March 2018 to submit the minutes of the branch and division meetings, which Muhyiddin said cannot be done.
It appears it is a foregone conclusion that in two weeks’ time PPBM will cease to exist. And that would also mean, by default, Pakatan Harapan is not going to exist as well — at least not the legally registered Pakatan Harapan. And since Pakatan Harapan will not be legally registered, that would mean PKR, DAP, PPBM and PAN cannot contest the general election under the Pakatan Harapan banner but will have to contest under each individual party symbol — while PPBM candidates will have to contest under bebas status using the bicycle, umbrella, bus or whatever logo that they ‘lucky dip’ from the box.
Mahathir has to register himself as a DAP member and legally take over as DAP’s leader to become PM
Nevertheless, Mahathir has anticipated this, which is why he came out with his earlier statement saying he does not mind contesting the general election on a DAP ticket, and also why he asked Muhyiddin to announce that PPBM cannot comply with the RoS letter of 28th February 2018. They are, in fact, preparing the public for the next announcement — which is PPBM candidates will be contesting the general election on a DAP ticket.
Some PPBM leaders know this is in the cards. That is the reason why last week they announced they can consider contesting the general election on a PKR or PAN ticket but not on a DAP ticket. They said, as a Malay party, they cannot contest the general election on a DAP ticket because that would be unacceptable to the Malay voters.
Anyway, that is not really the main problem, even though it is a problem. The main problem is what is going to happen if the opposition wins the general election with not less than 112 parliament seats? According to Article 43(2)(a) of the Federal Constitution of Malaysia, DYMM Yang di-Pertuan Agong shall appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House.
Selangor and Perak were without governments for a week in 2008 when the two Sultans refused to swear in the new Menteri Besar and their new governments
By convention, the confidence of the majority of the members of that House would mean the leader of the political party with the most number of seats in Parliament.
Now, this may sound easy. In reality, however, it is not so straightforward. In 2008, the Perak and Selangor State Governments could not be formed and both states operated without governments for a week because Pakatan Rakyat could not convince Their Highnesses the Sultans of Perak and Selangor that they commanded the confidence of the majority of the State Assembly.
If Pakatan Harapan wins the coming general election, the same thing is going to happen. Mahathir does not belong to any party and for all intents and purposes he is a calun bebas even if he is contesting on a DAP ticket. He needs to legally be the leader of DAP, or else, just like in Selangor and Perak in 2008, Mahathir cannot receive the consent of the Agong to form the new government with him as Prime Minister.
Anwar Ibrahim knows this, which is why he appointed himself the Ketua Umum of PKR just in case. If Anwar did not officially or legally hold any position in PKR, he cannot swear in his new government, either at state or federal level. Mahathir, however, does not hold any official or legal status in any party or coalition (since PPBM is closing down on 30th March 2018 and Pakatan Harapan is never going to get registered before GE14).
Mahathir will have to convince the Agong he commands the confidence of the majority of the House by legally becoming a DAP member and by taking over as its leader
Mahathir has to immediately become a DAP member and get himself officially and legally appointed as the DAP leader. Then this appointment needs to be lodged with the RoS together with proof of his membership. Added to that, each and every PPBM, PKR, DAP and PAN parliamentary candidate in GE14 must sign a letter declaring that in the event their party wins the most number of seats in Parliament their choice of Prime Minister is Mahathir. This is because Pakatan Harapan does not legally exist.
This has to be one of the terms for them contesting. In short, the Surat Watikah allowing them to contest under their party symbol would be exchanged for their Consent Letter agreeing to Mahathir becoming the Prime Minister if their party forms the government.
Only then, in the event that Pakatan Harapan wins the most number of seats in Parliament and DAP wins the majority of those seats, can Mahathir request an audience with the Agong and swear in his new government with him as Prime Minister. Short of that, the Agong need not even consent to an audience let alone swear Mahathir in as Prime Minister of his new government.
On 30th March 2018, PPBM will cease to exist and Mahathir will become a calun bebas
It is now too late for PPBM to save the day by forging the minutes of the branch and division meetings, like how Mahathir forged the 1.3 million signatures on his Citizens’ Declaration. So, the only option left is for Mahathir to quickly get registered as a DAP member and officially take over as DAP’s leader. Short of that, Mahathir will not be able to get sworn in as the Prime Minister if Pakatan Harapan wins the general election.
What a bind Mahathir has got himself into. Now Mahathir’s problem is no longer about how to win the general election but about what is he going to do if the opposition does win? Mahathir is what one can call ‘status-less’. He is not a member or leader of any political party and to become Prime Minister you need to be a party member and the leader of that party. And for that to happen DAP has to agree to hand the party to Mahathir.
