Siapa derhaka terhadap Tuanku Agong?

Article 43 (2) (a) of the Federal Constitution provides that “the Yang di-Pertuan Agong shall first appoint as Perdana Menteri 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”.

Two observations on this provision.

First, the power in the appointment of the Prime Minister is the exclusive purview of the Agong and turns on  His Majesty having ascertained to his satisfaction that the one to be appointed commands the confidence of the majority of the Dewan Rakyat.

Second, the exercie of this power presupposes that there is then no sitting Prime Minister.

The day before yesterday, Malaysiakini reported that ‘Ministers and their deputies have today received invitations to attend the swearing-in ceremony of the new prime minister in Istana Negara on Friday’.

Malaysiakini reproduced the following sms that was making its rounds yesterday and reportedly received by a deputy minister.

Istiadat pengurniaan surat cara perlantikan dan istiadat mengangkat sumpah jawatan dan setia serta sumpah simpan rahsia oleh YAB Dato’ Sri Mohd Najib sebagai PM.'