The DPM is not automatically the PM
His Majesty the Agong decides who becomes Prime Minister and that man or woman must be whosoever the Agong feels commands the confidence of the majority of the House. And if three people claim the post of Prime Minister (with votes of 100, 70 and 52 respectively), then the MP with 100 votes is appointed the PM even if he/she is not the DPM.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Today, Shad Saleem Faruqi said what I have been saying for many years (READ HERE: The Constitution, The Law And The PM).
The main issue is the post of Deputy Prime Minister is not stated in the Federal Constitution of Malaysia — just the post of Prime Minister and his/her Cabinet.
Hence the Prime Minister can continue his/her entire term without any Deputy Prime Minister or with two, three, four or five Deputy Prime Ministers.
Secondly the Prime Minister need not be male, Malay or Muslim. In other words, technically, Wanita MCA Chief, Heng Seai Kie, can become Prime Minister if she wins a parliament seat in the general election.
Wanita MCA Chief, Heng Seai Kie, can legally and constitutionally become the Prime Minister
Third, His Majesty the Agong decides who becomes Prime Minister. And the person the Agong appoints as Prime Minister is one of the 222 Members of Parliament who in His Majesty’s opinion has the confidence or support of the majority of the Members of the House.
Let’s say Tun Dr Mahathir Mohamad dies in office and at that time Dr Wan Azizah Wan Ismail is the Deputy Prime Minister. That does not mean Wan Azizah automatically takes over as the new Prime Minister.
Let’s also say once Dr Mahathir dies, Azmin Ali immediately requests an audience with His Majesty and proves to His Majesty that he has in writing the support of 110 Members of Parliament. Wan Azizah also requests an audience with the Agong but can only prove she has the support of 80 Members of Parliament (which means 32 MPs have abstained or stayed neutral). That means Azmin has the support of the majority and he and not Wan Azizah becomes Prime Minister.
His Majesty the Agong chooses who from amongst the 222 MPs has the confidence of the majority of the House to become Prime Minister
Majority does not mean 112 MPs (or more) out of 222 MPs. 110 MPs versus 80 with 32 abstaining becomes the majority. If you need 112 before you can become PM, and if not a single MP out of 222 can get 112 MPs, does that mean Malaysia will never have a PM until the next general election in 2023? Who then runs Malaysia and how would the Cabinet be formed?
If you insist on 112 MPs and if no one from the 222 MPs can get 112 MPs to support him/her, then the Agong will have to dissolve Parliament and a fresh general election is held (but only for Parliament because the State Governments are not affected).
Mahathir actually has no say who becomes the next Prime Minister
In short, it does not matter if Mahathir replaces Wan Azizah with Anwar Ibrahim as the new DPM like how the Otai Reformists want because the DPM has no legal standing since that post is not stated in the Federal Constitution. Mahathir can even appoint DPM1, DPM2, DPM3, DPM4 and DPM5 and there is no guarantee any of the five will become the next Prime Minister.
His Majesty the Agong decides who becomes Prime Minister and that man or woman must be whosoever the Agong feels commands the confidence of the majority of the House. And if three people claim the post of Prime Minister (with votes of 100, 70 and 52 respectively), then the MP with 100 votes is appointed the PM even if he/she is not the DPM.
